Applications for The Undocumented Migrant Scheme
Sinnott Solicitors Dublin and Cork are please to know that thousands of undocumented migrants will be able to apply to regularise their status from Monday 31st January.
The scheme, which will run for six months closing on July 31st 2022. May of our clients are eagerly waiting to make their application and we look forward to submitting their applications on their behalf.
Who does the scheme benefit
- People who have been living in the State without permission for at least four years, or at least three years in the case of those who have children.
- People with expired student permissions will also be able to apply while those with pending deportation orders will be eligible provided they have spent the required amount of time in the State without permission.
- Potentially the scheme will benefit many people who had permission from the the EU Treaty Rights Division of the State for residence on the basis of their marriage to an EU National where those permissions were subsequently revoked on the basis that those marriages were deemed to be marriages of convenience
- Potentially, the scheme will benefit those who are currently in the process of applying for humanitarian leave pursuant to S.3 of the Immigration Act 1999 and those who have made an application for International Protection including Asylum and subsidiary Protection
How to Apply
The application will be an online application and Sinnott Solicitors Dublin and Cork will be in a position to make applications for our clients and to submit the appropriate documentation and any additional representations that we consider necessary
Below is a link with the details for the scheme including required documents:
Documents Required to apply for the Scheme
- Full Copy of Passport (valid or expired)
- Travel Document (valid or expired)
- Drivers’ Licence (valid or expired which was issued in Ireland with your photograph on it)
- Public Services Card (issued in Ireland, which has your photograph on it)
- National identity card (valid or expired)
- Birth Certificates of children born in the State
- Expired Irish Residence Permit (IRP) card or Garda National Immigration Bureau (GNIB) card
The below is not an exhaustive list of documentation accepted and consideration may be given by the Department to accepting other forms of verifiable evidence where appropriate.
- Previous Irish Residence Permit (IRP) card or GNIB Card, or
- Previous permission letter issued by the Immigration Service Delivery
- Social Protection Statements, for example, evidence of receiving the PUP payment, children’s allowance
- Utility bills (that is, from electricity/phone/gas/cable television/broadband provider/mobile phone bills)
- Registration with the Residential Tenancies Board
- Employment Detail Summary/P60/P45/P21s; or equivalent
- Marriage/civil partnership certificates carried out in the State
- Evidence that the applicant sat the Junior Certificate and/or Leaving Certificate exams in Ireland
- Evidence that the applicant attended University or Third level college
- A letter from a school principal in Ireland, confirming child’s attendance at a school if it was in the past three years
- Letter from doctor/hospital in Ireland
- Vaccination passport for children, or Covid 19 vaccination card
- Statements or other correspondence from bank/building society/credit union including e-Statements with activity in the country (Statements from store cards/catalogue companies are not acceptable)
- Proof of money transfers between the applicant and a third party, carried out at a money transfer facility in the State, for example, Western Union
- Correspondence from an insurance company regarding an active policy (Home or Car Insurance Policy Only)
- Other official correspondence from an Irish state agency, for example:
- Government departments
- Register of Electors/polling card
- An Garda Síochána
- Public / Private hospitals
- Residential Tenancies Board (RTB)
- Secondary school /training agency
- NCT Reports or reminders
- An Post
- TV Licence
- National Government Health Screening Programme(s).
- Expired Temporary Residence Card (TRC) (Former International Protection Applicants card).
For adults in a family application the Department will accept the following documentation:
- Marriage certificate (issued in the State or abroad)
- Civil partnership certificate (issued in the State or abroad). This civil partnership must be recognised under Irish law.
All marriages/civil partnerships must be recognised by the State. A polygamous marriage is not recognised by the State and will not be acceptable under this scheme.
In order for your application to be processed as that of a defacto partner in the family application, you must submit the following documentation, to show that you have been in a relationship and living together for more than 2 years, prior to the launch of this scheme:
- Evidence that you have been living together for the last two years (for example, tenancy agreements, utility bills, bank statements showing both applicants living at the same address)
- Evidence of a durable relationship (for example, evidence of jointly-owned assets, evidence of shared bank accounts or insurance, evidence of travel, birth certificates of any children of the partnership)
- If either person was previously married or in a civil partnership, a decree or other evidence of divorce, dissolution, annulment, or legal separation, or a death certificate as appropriate.
Documents Required for Family applicants with Children
Proof of a family relationship is required for a spouse/civil partner or de facto partner and all children included in the application, including those of a spouse, civil partner or de facto partner. It is your role as the applicant, to provide this documentation to demonstrate compliance with the criteria of the scheme.
In certain cases where reasonable doubt exists, you may be asked to provide DNA evidence to prove this relationship. Only DNA evidence from a recognised service provider will be accepted and you as the applicant will have to pay for this DNA test. There is no obligation to submit a DNA test if requested. If you decide not to submit a DNA test, a negative inference may be drawn, which will be taken into account, when we are making a decision on your application.
Where an application includes a child under the age of 23, the following must be submitted:
- Birth certificate, naming at least one of the adults in the family application as the biological parent
- In the case of adoption, an official adoption certificate from the country where the child was adopted.
In cases where there is a custody arrangement in place the following documentation is required:
- In the case of a sole custody arrangement involving minor children (under the age of 18), legal documentation attesting sole custody of the minor child
- In the case of shared/joint custody arrangements involving minor children (under the age of 18) a permission letter from the other parent is required.
Letter of Authority from Sinnott Solicitors Dublin and Cork as the Legal Representative
This letter must be signed by you and any family member over the age of 18, giving them the authority to submit an application and correspond with ISD on you and/or your family’s behalf. If there is a minor child included in the application, you as the parents can sign the letter of authority on behalf of the child.
Please note that the principal applicant in a family is able to submit an application for the other members of the family resident with them in the family application. You do not need to submit a separate letter of authority for the other family members where they are your spouse/civil partner/ defacto partner or child under 18 years of age.
Sinnott Solicitors Dublin and Cork will prepare the letter of authority on your behalf.
Successful applicants will have unfettered access to the labour market and can begin on the pathway towards citizenship if they wish.
Application fees, which Sinnott Solicitors Dublin and Cork believe are very excessive as as follows:
- €500 for single applicants
- €700 per family application.
- There will also be a €300 registration fee for successful applicants.
If you have any queries regarding the Undocumented Migrant Scheme, Sinnott Solicitors Dublin and Cork with offices in Dublin and Cork will be happy to answer any of those queries and to make applications on your behalf. If you have any queries please contact us at firstname.lastname@example.org or 014062862
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