Undocumented Migrant Application
Once on the radar of the Irish immigration authorities, an applicant is likely to receive a letter from the Department of Justice outlining three options. One of those options would be an option to leave the state voluntarily. Another option is for the applicant to consent to the making of a deportation order. The third option would be an option to make representations for leave to remain on humanitarian grounds.
If a person is supporting a parent in their home country then it is necessary to establish if there are any health problems with the parents. It is necessary to establish whether there is any family in the home country, the age of the parents, their mental status, their other siblings in their home state and their communication with the family.
If the applicant does not have any Irish citizen children and if the applicant is not married to an Irish citizen then there is a high chance that a deportation order would issue. A deportation order in Ireland affects the applicant for not just Ireland but for their entry into other countries as well. If the applicant went to another country afterwards and applied for a visa, there would be a question to state whether the applicant had ever been deported from another country.
In order to support a leave to remain application for an undocumented migrant it is important for the migrant to obtain letters of reference from Irish people that they know and details of their circumstances in as much detail as possible. It is also necessary to establish whether the migrant has completed any courses and obtained
any qualifications or certificates since their arrival into the state. It is important to establish what the qualifications and finances of the undocumented migrant are.
A number of documents and information that is required in order to make the application and certain information is required as follows:
- Entry into the State – The Applicant must set out the date of arrival in the State and their status upon arrival in the State.
- Residency in the State – The Applicant must submit all proofs of all addresses where the Applicant has lived. For example, tenancy agreements, utility bills and any other proof of residence that the Applicant has
- The Applicant must set out details of their current financial activities in the State including their work history. In the case of employment, the Applicant must provide the following:
- Tax credit certificate from Revenue/P60 for as many years as possible
- Employment Contract
- Letter from the Employer confirming employment and hours of work
- Three recent payslips
- P60’s/P45’s/P21 or self-assessment tax returns made in the entire duration of the stay.
- In the case of self-employment the Applicant must submit the following:
- Letter from the Revenue for the confirmation of enrolment for tax
- Tax assessment returns from Revenue
- Business bank statements for the last six months
- If the Applicant is not working, the Applicant must provide proof of a job offer letter confirming that he or she has been offered fulltime employment on condition of grant of residence in the State
- Social Service – The Applicant must set out any social benefits claimed and details and evidence of any disability claim. If he Applicant has not received any social welfare, the Applicant must provide a letter from the local Social Welfare Office to confirm that no claims have been made.
- Integration into Irish Society – The Applicant must provide personal reference letters from friends, colleagues and from the Irish community confirming that the Applicant is of good character and that the Applicant has integrated into Irish Society. Details of involvement with volunteer activities, memberships in community service organisation and all other community work must be detailed as part of the application.
- Criminal Record – The Applicant must set out if the Applicant has any criminal record or any charges pending in the State or abroad.
- Previous record with the Immigration Authorities in Ireland – The Applicant must set out any personal ID number that the previously had or GNIB registration number. The Applicant must also provide all correspondence that he Applicant has in their position received from the Irish Naturalisation and Immigration Service since their arrival in the State
- The Applicant must also provide any outstanding deportation or removal orders or transfer orders
- Serious Threats from the Country of Origin – The Applicant must set out details of any serious threats to their safety in their country of origin. In addition, the Applicant must set out any details with proofs such as television broadcasts, photographs, newspaper articles etc.
- A Detailed Personal Statement – The Applicant must provide a details personal statement summarising in writing their life to date in Ireland. The personal statement should also set out their future intentions and refer to any reasons as to why the Applicant does not wish to return to their home country
- Specific Skills, Qualifications/Achievements – The Applicant must set out any skills achieved and qualification certificates, chef skill certificates, licences obtained, taxi licence or any other skills or qualifications obtained since their arrival in the State. The Applicant must attach all of those certificates to the application together with any other details the Applicant wishes to add
- Personal Details – The Applicant must also submit the following:
- Two recent passport size photographs for the Applicant
- PPS number (if available)
- Copy colour of Applicant’s passport (all pages) and any previous passports
- Complete current contact details together with address, mobile and email addresses
- Personal bank statement for the Applicant (if available)
If you are an undocumented migrant or if any of your family members or friends are undocumented, Sinnott Immigration Solicitors can assist you with this type of application. We are very experienced in putting together these type of applications and we cannot stress the importance of submitting a very detailed and well put together application. Sinnott Solicitors have had numerous successful undocumented migrants applications and we are proud to say that we have helped many undocumented migrants regularise their immigration status and to become lawful residents of Ireland.
If you have any queries please do not hesitate to contact us at firstname.lastname@example.org or on +353 1 406 2862