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NEW REGULARISATION SCHEME FOR UNDOCUMENTED MIGRANTS (UPDATE)

On the 23rd July 2021, the Department of Justice recently organised a webinar to provide an update on the proposed new Scheme to facilitate the regularisation of many undocumented migrants residing in Ireland. The Scheme, which will be time-limited, is intended to cover those who are living for long time in Ireland in undocumented status. It is expected that over 17,000 people, some who have never had a permission and others whose permissions have expired, will be covered by the Scheme.

Over 39 submissions -including from DLCM Solicitors LLP- were received by the Department of Justice in relation to the Scheme.  To date the exact scope of the scheme has not been decided. It was confirmed by a representative of the Department that factors that will be relevant include duration of residency and an assessment of character. It is very likely that Garda vetting will be a requirement. At this time it is envisaged that eligible candidates will be residing over 4 years in Ireland, or 3 years for family’s with children. It is not yet clear whether those already subject to a Deportation Order will be eligible to apply.

The Department will determine the eligibility criteria, documentary requirements and any fee for the application. The permission received by successful applicants should provide unrestricted access to the labour market and be reckonable for Citizenship purposes.

It is hoped that a final proposal will be put before government for consideration by the end of September 2021, with a call for applications before the end of the year.  It is envisaged that the applications will be made online and considered by a new Unit in the Domestic Residence & Permissions Division of the Department.  It is likely that there will be an Appeals process for negative decisions.  It is hoped that decisions will issue in a timely manner.

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