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Immigration Status

Dáil Éireann Debate, Tuesday - 8 February 2022

Tuesday, 8 February 2022

Ceisteanna (562)

Carol Nolan

Ceist:

562. Deputy Carol Nolan asked the Minister for Justice if the scheme to regularise the undocumented will operate on an administrative basis under her executive power; the details of the way the scheme will operate; and if she will make a statement on the matter. [6083/22]

Amharc ar fhreagra

Freagraí scríofa

The Regularisation of Long Term Undocumented Migrants Scheme opened for applications on 31 January 2022 and is operating under my Ministerial executive powers. Applications will be accepted for six months until 31 July 2022, when the scheme will close. The scheme is only open to those who do not have a current permission to reside in the State and will enable eligible applicants to remain and reside in the State and to regularise their residency status. Successful applicants will be granted a stamp 4 permission for two years.

Each application under the scheme will be assessed individually against a number of specific criteria. As part of the 2008 EU Pact on Asylum and Migration, Ireland, together with the other Member States of the European Union, committed to a case-by-case approach on this issue rather than mass regularisation.

The Domestic Residence and Permissions Division of my Department is processing the applications. All applicants must complete the online application form and submit it with all the required documentation.

All applicants are required to complete a criminal declaration as part of the application form, and all applicants over the age of 16 years will be required to undergo e-Vetting with An Garda Síochána as part of the process.

When examining applications under the scheme, my Department will take into consideration information relating to the applicant's character and conduct, including information from An Garda Síochána and other public authorities regarding any behaviour of a criminal nature considered to be contrary to the common good and/or public policy. My Department may refuse to grant a residence permission to any applicant on that basis.

Any applicant that is unsuccessful in their application will be able to appeal. That appeal will be considered by a different officer to the person who determined the original application. If a person does not wish to appeal, or if their appeal is also unsuccessful, they will be referred to the appropriate area in my Department’s Immigration Service for follow up in accordance with the relevant legislation and the European Convention on Human Rights (ECHR).

Full details regarding the qualifying criteria, a Frequently Asked Questions (FAQ) document and the required documentation for the Scheme is available on my Department's website at: www.irishimmigration.ie/regularisation-of-long-term-undocumented-migrant-scheme/.

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