The Department of Justice have just announced a “once-in-a-generation” scheme which will be open to those who do not have current permission to reside in the State from the beginning of January.  Applicants will have a six month window within which to make their application.

Qualification Criteria for the Scheme

  • An Applicant who is living in the State for four years who is undocumented can apply for the scheme
  • Individuals aged 18 or over who have no dependent children living with them can apply
  • Each member of a couple i.e. a person and their spouse/civil partner or de facto partner where they have dependent children living with them
  • Older children aged 18 to 23 years living with family where there are no siblings under the age of 18 years
  • Children aged 24 years and over living with their family
  • Persons who have been living in the State undocumented for 3 years up to the schemes opening date to include an individual or each member of a couple where dependent children aged under 18 years live with them or older children aged 18 to 23 years live in the family household with their siblings
  • The Scheme applies to asylum seekers and international protection applicants who have been in the system for two years or more, according to the press release from the Department of Justice
  • Details of the criteria and application process in respect of asylum seekers and international protection applicants are being finalised

Undocumented Residency Period and allowable period of absence 

  • The scheme allows a  short period of absence from the State in the undocumented period for those who would otherwise be deemed ineligible
  • The maximum break allowed is a break of up to 60 days absence and the documented person arising from the short term tourist permission (up to 90 days) that applies thereafter or re-entry to the State

Financial and other criteria for the scheme

  • There is no requirement for the Applicant to demonstrate that they would not be a financial burden on the State
  • Applicants must meet standards regarding good character in terms of criminal record and behaviour.  Having convictions for a very minor infraction will not of itself result in disqualification
  • Applicants must not pose a threat to national security of the State or another State
  • Documentation must be produced to support an application such as ID, family relationship and residence proofs

Grounds for refusal under the Scheme

  • An Applicant maybe refused in circumstances where the Applicant does not meet all of the criteria for the scheme to include residency, character, conduct or threat to national security
  • A refusal may issue where the Applicant provides inadequate or inconsistent information
  • A refusal may issue where the Applicant provides false or misleading information

Appeals System

  • Unsuccessful Applicants will have an opportunity to appeal a negative first instance decision
  • A specific timeframe will be set for an appeal which will allow time for the making of the appeal
  • A Deciding Officer will then either confirm the original decision or grant approval of the application

Asylum Seekers and International Protection Applicants

  • The Scheme applies to asylum seekers and international protection applicants who have been in the system for two years or more, according to the press release from the Department of Justice
  • Details of the criteria and application process in respect of asylum seekers and international protection applicants are being finalised

Successful Applicants under the Undocumented Migrant Scheme

  • A successful Applicant will be eligible and issued with a letter confirming their residence permission on a Stamp 4 basis. For more on stamp 4 permission see: Stamp 4 permission to remain
  • That stamp 4 permission will allow the successful Applicant immediate access to the Labour Market and all of the other benefits that go with having a Stamp 4 permission
  • The permission granted under the Undocumented Migrant Scheme will be granted for an initial period of two years.  That permission may be renewed after that period provided the conditions under which the initial permission was granted continue to be met
  • The Undocumented Migrant Scheme will not create any new entitlement for family reunification.  The Department of Justice have confirmed that family members can apply at a future date under the policy document for non-EEA family reunification subject to the policy criteria being met.

Unsuccessful Applicants under the Undocumented Migrant Scheme

  • For those Applicants that are unsuccessful, including on appeal, such cases will be forwarded to the Repatriation Unit for consideration
  • For unsuccessful Applicants who are subject to a Deportation Order or are in the Section 3 process (application for permission to remain on humanitarian grounds), those cases will remain for processing by the Department in the usual manner
  • The Department of Justice has stated that they anticipate that a small percentage of persons will be refused as they are satisfied that the eligibility criteria are clear

Application fees for the Undocumented Migrant Scheme

  • For a family unit application, the fee is €700 and that covers the main Applicant, the Applicants Spouse or Partner and any dependent children who are under 18 years or those aged 18 to 23 years where they are eligible to be included in the application
  • An individual application will cost €550.  No fee will be payable for asylum seekers and international protection applicants

For a full copy of the press release regarding the Undocumented Migrant Scheme  see the following link from the Department of Justice website which was published on 3rd December 2021: https://www.justice.ie/en/JELR/Pages/PR21000292

Sinnott Solicitors believe  that the introduction of an undocumented migrant scheme is the most fundamental development in Irish Immigration Law since the foundation of the State.  We heartily welcome the introduction of the scheme and we look forward to dealing with undocumented migrant clients in the coming months and we  hope to regularise their residence permission within the State.  Overall, the conditions of the scheme appear to cover a very wide variety of applicants under a wide variety of circumstances.  We do however have many questions in relation to the scheme and we look forward to receiving more concrete information and clarifications from the Minister in relation to the terms of the scheme.

We can think of a number of scenarios which could potentially deem Applicants ineligible for the scheme and we sincerely hope that the Minister will ensure that no inequitable anomalies affect individuals who wish to make an application under the scheme.  We are disappointed that the scheme has not included timed out students in a number of circumstances.  We look forward to receiving clarification in relation to a number of our clients who have current applications and reviews pending before the EU Treaty Rights Division.

If you have any queries in relation to the scheme , Sinnott Solicitors are on hand to advise all applicants intending to apply for residence under the Undocumented Migrants Scheme.  With offices in Dublin and Cork and a nationwide immigration service, Sinnott Solicitors can be contacted at info@sinnott.ie or 01-4062862