Dáil Éireann Debate, Tuesday - 24 May 2022
477. Deputy Gary Gannon asked the Minister for Social Protection if alternative documentation can be accepted by her Department in cases in which persons who are non-EEA nationals and have an appropriate immigration stamp but are awaiting an Irish Residence Permit card for which there are delays and therefore cannot access much-needed social protection payments; and if she will make a statement on the matter. [26269/22]
Amharc ar fhreagraIt is a requirement that the holder of a letter from the Minister for Justice granting permission to reside, register this permission with the Irish Immigration Services. On registration, an Irish Residence Permit (IRP) card will issue. While the residency permit gives the person a right to reside, there may be conditions associated with each permission as regards the right to access public services. When assessing entitlement to certain social welfare payments, this Department must establish a person’s right to reside in the State, and any conditions attaching to this right to reside, for the purpose of satisfying the Habitual Residence Condition. Having a right to reside in the State is an essential condition; however, other criteria are assessed and are equally determinative. It is in this regard that my Department requires supporting documentation.
While my Department is aware of delays in renewing permissions, in December 2021, my colleague the Minister for Justice, announced a further temporary extension of immigration and international protection permissions to the 31st May 2022. This temporary extension of immigration permissions means that people who held a valid permission to be in the State in March 2020 are legally permitted to remain until 31st May 2022, even if their Irish Residence Permit (IRP) card has expired and they are awaiting a new one. They must either register or renew their permission before this date to ensure that they have a valid permission to continue to legally reside in the State.
Where there is a delay in registering with the Irish Immigration Services, a persons’ right to reside in the State is effective from the date of the letter from the Minister for Justice granting permission to reside. I have asked officials in my Department to contact officials in the Department of Justice regarding the wait time for IRP cards and to consider any appropriate action that may be taken arising from those discussions.
If the Deputy is aware of any particular individual who urgently requires assistance, they may avail of an exceptional needs payment, under the supplementary welfare allowance scheme, which is not subject to the habitual residence condition. The individual should make contact with their local Intreo Centre. I would also be pleased to take details of any individual case directly from the Deputy.
