a guide to the rights of migrants

8/10/2019 A Guide to the Rights of Migrants

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A guide to the rights ofmigrants in Ireland

April 2012


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A guide to the rights of migrants in IrelandCrosscare Migrant Project April 2012

www.migrantproject.ie 1

Status Right To: Stay inthe country

To: Work To: 3rdLevelEducation

To: SocialWelfareSupport

To: FamilyReunification

To: Travelabroad and

re-enter

Irish Citizen Yes Yes Yes. ree fees

appl! for first"

time #rdle$el

entrants if the

person has %een

resident in

Ireland or &' for# of the last (

!ears

)*ee page 10+

*ee note

)page 11+

on the ,a%itual

-esidence

Condition

),-C+

here is no legal

entitlement to %e

reunited with spouse

or partner or

children/ %ut

reuests can %e

granted on a case"%!"case %asis

Yes

Non-EEA*

spouse/partner of

Irish Citizen

* European

Economic Area

Yes/ pending

registration with

arda ationalImmigration

3ureau )I3+

or appro$al %!

the Irish

aturalisation

and

Immigration

*er$ice )II*+

Yes/ pending

registration with

I3 or appro$alfrom II*

Yes/ %ut might

ha$e to pa! fees

o towww.studentfinance.iefor more detailed

information

*ee note on

,-C )page 11+

Possi%le it can %e

granted on a case"

%!"case %asis

Yes/ %ut might

need re"entr! $isa

Non-EEA parent of

Irish Citizen

(dependent child)

Yes/ pending

registration with

I3 or

appro$al %! the

II*

Yes/ pending

registration with

I3 or appro$al

from II*

Yes/ %ut might

ha$e to pa! fees


information

*ee note on

,-C )page 11+

Possi%le it can %e

granted on a case"

%!"case %asis

Yes/ %ut might

need re"entr! $isa


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re-enter

EU 25 National*

(EU 25 all EU

states e!cludin"

#omania $

%ul"aria)

4or information

a%out -omanian 5

3ulgarian ationalsplease see

end of ta%le.

Yes/ pro$ided

the! are

wor6ing or ha$e

wor6ed here/

are self"

emplo!ed/

stud!ing or ha$e

sufficient fundsto support

themsel$es

Yes Yes/ and can

access free fees if

resident in the &'

for # of the last (

!ears

o to

www.studentfinance.iefor more detailedinformation

*ee note on

,-C )page 11+

Yes/ %ut if dependent

is a non"&&A national

then &' national

must %e emplo!ed/

self"emplo!ed/

stud!ing or ha$e

sufficient funds tosupport themsel$es

Yes

Non-EEA &pouse /

#e"istered 'artner

/ ependent

of EU/EEA National

Yes/ if the

&'7&&A national

is resident in

Ireland and is

wor6ing/ self"

emplo!ed/

stud!ing or has

sufficient funds

to support

themsel$es

Yes/ if the non"&&A

national is registered

with I3 and %een

granted *tamp 8 or

*tamp 8

&'am permission to

remain in the *tate

Yes/ %ut might

ha$e to pa! fees


information

*ee note on

,-C )page 11+

Yes/ %ut onl! )A+

direct descendants

)such as children or

grandchildren+ who

are either under 21

or are dependents or

)3+ direct dependent

relati$es in the

ascending line )such

as parents or

grandparents+ 5 the

&'7&&A

spouse7registered

partner must %e in

emplo!ment/ self"

emplo!ed/ stud!ing

or ha$e sufficient

funds to support

themsel$es and their

dependents

Yes/ %ut a re"entr!

$isa is not needed

as Certificate of

-egistration

)*tamp 8 &'am

is accepted for re"

entr!+


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re-enter

Non-EEA (isitor) Yes/ for up to 90

da!s.

o o o/ e:cept

ma!%e in

emergencies

o 7A

Non-EEA &tudent

(rom +st,anuar

2.++ the ma!imum

time that a student

can stud in Ireland

is ears)

;imed out< students

)who ha$e %een inIreland longer than =

!ears+ can appl! for a >"

month e:tension if their

current permission to

remain e:pired %etween

1st

?anuar! 2011 and

#0th

*eptem%er 2011.

he! can also get further

#"month e:tensions

from I3.

or further information

go to@ www.inis.go$.ie

or duration of

course of stud!.

raduates at

Be$el

10 can appl! for

12"monthraduate

*cheme to appl!

for a Dor6

Permit or reen

Card Permit.

Be$el =

graduates can

appl! for >"month

raduate

*cheme.

Yes/ up to 20 hours a

wee6 and full"time

during holida!s as

long as the course is

for 1 academic !ear

or more and is with a

recognisedcollege7uni$ersit! on

the

Internationalisation

-egister.

or more

information go to@

www.nai.ie

Must pa! non"&'

fees


information

'nder the

immigration

regime

introduced in

?anuar! 2011

students must

not access socialwelfare

pa!ments. If a

student does/

this could affect

their

immigration

status.

rom Autumn 200

first time students

must confirm that

the! are neither

accompanied %!

children nor do the!

intend to ha$e their

children join them.he! will not %e

registered with I3

unless either the

Eepartment of

&ducation or the

Eepartment of

?ustice has gi$en

written appro$al thatthe child can attend

school. here are

plans to introduce an

immigration le$!

from ?ul! 2012 for

children who attend

pu%lic schools.

Yes/ %ut might

need re"entr! $isa


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re-enter

&tamp +A 0rainee

Accountanc

&tudents

N10E ew *tudent

guidelines for non"&&A *tamp 1A holders

%egan on 1st

*eptem%er 2011

rom this date non"

&&A accountanc!

students will %e

limited to (8 months

)8.( !ears+ tocomplete all

professional

accountanc!

reuirements

)accounting

technicians will %e

limited to # !ears+

or more information

please go to@

www.inis.go$.ie

or the duration

of the course of

stud!.

,owe$er/ if the

student has

completed theiraccountanc!

studies another

form of

immigration

permission is

needed to

remain in the

*tate and the!cannot re"

register with

I3 as

students

Yes

Professional wor6

placements are

allowed/ howe$er

the! must %e

appropriate to the

course of stud!.

Fther emplo!ment is

not allowed.

Accountanc!

graduates can appl!

for the raduate

*cheme which allowsthem to enter full

time emplo!ment

)80 hours a wee6+

Must pa! non"&'

fees


information

*ee note on

,-C )page 11+

o

In general/ non"&&A

students stud!ing in

Ireland ha$e no

entitlements to

famil! reunification.

If a famil! mem%er

wants to $isit a

student stud!ing in

Ireland/ their $isa

application will %e

considered in their

own right and not

%ased on theirrelationship to the

student.

Yes/ %ut might

need re"entr!

$isa.


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www.migrantproject.ie (






re-enter

Non-EEA 3reen

Card 'ermit 4older

Yes/ for

duration of the

reen Card

permit. After 2

!ears holders

can register to

wor6 without apermit

Yes. Initiall! onl! in

the jo% for which the

permit was granted.

After 1 !ear can

mo$e emplo!ment

%ut a new reen

Card Permit must %eapplied for

Yes/ %ut might

ha$e to pa! fees


information

*ee note on

,-C )page 11+

Yes Yes/ %ut might

need re"entr! $isa

Non-EEA or6

'ermit 4older

(7here or6 'ermit

7as issued 8efore +st

,une 2..9)

If wor6 permit holder

has wor6 permits for

( consecuti$e !ears

with no more than >

months< gap %etween

immigration stamps/

the! can appl! for a

temporar! *tamp 8.

or further

information go to@

www.inis.go$.ie

)Polic! for ( !ear

wor6ers and

redundant wor6ers+

Yes/ for the

duration of the

Dor6 Permit

Dor6 permitholders can

appl! for long"

term residenc!

after >0 months

Yes/ %ut onl! for the

jo% the permit is

granted for

After 1 !ear wor6permit holders can

mo$e emplo!ment in

the same or another

eligi%le emplo!ment

sector %ut a new

Dor6 Permit must

%e applied for

Yes/ %ut might

ha$e to pa! fees

o to

www.studentfinance.iefor more detailedinformation

*ee note on

,-C )page 11+

Possi%l!/ %ut onl! if

the Dor6 Permit

,older has

completed 12

months emplo!mentand the! must also

%e in full

emplo!ment when

the $isa application

)if applica%le+ is

made. heir income

must %e a%o$e the

income le$el thatwould ualif! the

famil! for amil!

Income *upplement.

or further

information go to@

www.welfare.ie

Yes/ %ut might

need re"entr! $isa


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re-enter

Non-EEA

&pouse/ependent

of Non-EEA or6

'ermit 4older

)where Dor6 Permit

,older


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re-enter

#efu"ee Yes Yes Yes/ %ut ha$e to

%e in Ireland for #

!ears %efore free

fees appl!


information

,-C applies Yes Yes/ if tra$elling

with Con$ention

tra$el papers

issued %! Ireland

:ea;e to #emain Yes/ su%ject to

renewal

Yes Yes/ %ut might

ha$e to pa! fees


information

,-C applies Possi%le can %e

granted on a case"

%!"case %asis

Yes/ might need

re"entr! $isa

:ea;e to #emain

8ased on 'arenta"e

of an Irish Child

I%C 2..5 status

Yes/ su%ject to

renewal

Yes Yes/ %ut might

ha$e to pa! fees


information

,-C applies Possi%le can %e

granted on a case"

%!"case %asis

Yes/ %ut re"entr!

$isa might %e

reuired

Aslum &ee6er Yes/ while their

application is

%eing processed

o Yes/ %ut might

ha$e to pa! fees


information

o/ apart from

direct pro$ision

and one"off

e:ceptional

needs pa!ments

o o/ e:cept in

e:ceptional

circumstances


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Additional Immigration Information#e"istration 7ith the 3arda National Immi"ration %ureau

A non"&&A national who has %een granted permission to li$e/ wor6 or stud! in Ireland through the Irish aturalisation and Immigration *er$ice

must register with the arda ational Immigration 3ureau )I3+ or their local arda immigration officer.

he arda immigration officer is the person who issues actual residence permission in the form of a ;stamp< on the non"&&A national Issued to spouses7parents7dependents of Irish nationals/ those with refugee status/ those granted lea$e to remain in the

*tate/ those who ha$e wor6 $isas or authorisation/ those granted residenc! %ased on parentage of an Irish child and those

granted long"term residenc!. ,olders of this stamp ha$e free access to emplo!ment

&tamp > EUam Issued to the spouses or dependents of &' wor6ers in Ireland. he holder can access emplo!ment freel!

&tamp 5 Issued to persons with unlimited residenc! permission. his permission is also called ;Dithout Condition as to ime

&ndorsement.

&tamp ? Issued to persons with dual citiHenship. Also 6nown as ;Dithout Condition &ndorsement


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4a8itual #esidence Condition (4#C))Access to social welfare means"tested pa!ments+

*ocial assistance pa!ments are pa!ments primaril! designed for people who do not ha$e enough social insurance )P-*I+ contri%utions )gained

through regular emplo!ment+ to ualif! for the eui$alent social insurance"%ased pa!ments. -egardless of nationalit!/ in order to %e eligi%le for

social assistance pa!ments/ !ou need to satisf! the ,a%itual -esidence Condition ),-C+.

*ome of the 6e! pa!ments that the ,-C affects are ?o%see6ers Allowance/ *upplementar! Delfare Allowance and Child 3enefit.

'nder &' law there are some e:ceptions for &&A wor6ers )someone who has made social insurance contri%utions in Ireland+@

&&A wor6ers in Ireland automaticall! satisf! the ,-C for famil! pa!ments

Non EEAnationals/ 7ho ha;e pre;iousl 7or6ed in another EEA &tate@and are currentl! emplo!ed or self"emplo!ed in Ireland/ do notha$e to satisf! the ,-C for amil! 3enefit pa!ments as long as@

o he! are legall! resident )hold a current Certificate of -egistration I3 card+

o

he! are lawfull! emplo!ed %ased on their immigration statuso he! are su%ject to Irish P-*I

o heir dependents currentl! reside within Ireland F- within another &&A *tate.

&&A wor6ers in Ireland can %e granted *upplementar! Delfare Allowance without satisf!ing the ,-C as long as the wor6 the! are or were doing is

considered genuine and effecti$e

urther Information

More information on the rights and entitlements of migrants and residents in Ireland is a$aila%le at@

www.inis.go$.ie Irish aturalisation and Immigration *er$ice )Eepartment of ?ustice 5 &ualit!+

www.djei.ie Eepartment of ?o%s/ &nterprise and Inno$ation

www.dfa.ie Eepartment of oreign Affairs

www.welfare.ie Eepartment of *ocial Protection

www.citiHensinformation.ie Pu%lic ser$ice information

www.immigrantcouncil.ie" Immigrant Council of Ireland

www.mrci.ie" Migrant -ights Centre of Ireland

www.integtrationcentre.ie Integration Centre

isclaimerCrosscare Migrant Project has made e$er! effort to ensure that the information in this guide is accurate. ,owe$er/ policies and

legislation can change at an! time@ if !ou are unsure a%out a specific case or issue/ please contact us. Eecisions should not %e made %ased on this

guide it is for reference purposes onl!.

a guide to the rights of migrants

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