Immigration Status in Ireland: What do I need to know? - Immigrant Council of Ireland
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CONTENTS 1 2 The need What are immigration to register stamps? Page 2 Page 10 Secure immigration status 3 4 allows people from a migrant Getting a passport Higher or further background to fully take part and other important documents from education: does my immigration permission in life in Ireland. You need your country of origin entitle me to free fees and a student grant? immigration status if you want Page 16 Page 22 to go to college, get a job, social welfare or housing. 5 6 Specific issues for How can I become children in care an Irish citizen? Page 26 Page 30 7 Glossary Where to access Important terms: further information what do they mean? Page 34 Page 36
1 All people who are citizens of countries outside the EEA and Switzerland, and stay in Ireland The need for longer than 90 days, must Persons aged 16 years or over must register with the immigration authorities. There are plans to have immigration extend this duty to children under to register permission to do so. 16 in 20181. If proceeded with, details about any such change will be provided on INIS’s website. Children aged 15 years or younger do not need to register but they The European must do so as soon as they reach 16 Economic Area years of age. Until aged 16, children’s (EEA) is made up immigration status is assumed to be of all the countries in the European the same as their parents. Union as well as Norway, Iceland Registration is the system used to and Lichtenstein. record a person’s permission to be in the country and to give people proof of their permission to live legally in Ireland. 1 Immigration Act 2004 Section 9; Employment Permits (Amendment) Act 2014 Section 35(b) provides for the extension of the duty of registration to those under 16 years. That provision has not yet been commenced. The 2017 Migrant Integration Strategy commits to enabling registration of “non-EEA migrants aged under 16 years” by 2018. See http://www. integration.ie/website/omi/omiwebv6.nsf/page/JWKY- AJEE6A1021139-en/$File/Migrant_Integration_Strategy_ English.pdf at p.23. (Accessed on 22nd June 2017) 2 3
How do I register? Is there a cost to register? There is a €300 fee for registration. Children under the age of 18 years Where do I go to register? do not have to pay this fee. If you live in Dublin, you should Certain adults are also exempt. register at the Irish Naturalisation and Adults who fall into one of the Immigration Service (INIS) on Burgh following categories do not need Quay in Dublin City. Appointments must to pay to register: be booked online in advance at https:// burghquayregistrationoffice.inis.gov.ie/. II USEFUL INFO adults who have refugee status or subsidiary If you live outside Dublin, you can register What do I need protection; at your nearest Garda immigration officer. to bring with me GNIB: The Garda National Immigration Registration offices outside of Dublin are persons who are formally located in certain Garda (police) stations, to register? Bureau is the immigration office of An Garda Síochána (Ireland’s police reunified with a family and are managed by the Garda National force) based on Burgh Quay, Dublin. member who is a recognised Immigration Bureau (GNIB). A list of When you go to register, refugee; and INIS: The Irish Naturalisation and registration offices outside of Dublin can be you must bring: Immigration Service (INIS) is the spouses or dependents found online at this link: www.inis.gov.ie/ Irish government body which of EU nationals and Irish en/INIS/Pages/registration-offices. is responsible for managing nationals who have a a valid passport immigration in Ireland. It is an (exception for people office of the Department of residence permit. Justice and Equality and manages Children whose parent or parents with refugee status); asylum, immigration, citizenship have permission to reside in Ireland and visa matters on behalf of the any letters from the Minister for Justice and Equality. If you are required to pay the €300 can present with their parent and INIS confirming your to register, you can pay by credit or their identity documents to register. immigration permission, ¶¶https://burghquayregistrationo debit card (INIS and some offices ffice.inis.gov.ie/ Children in the care of the if relevant; outside Dublin) or by bank giro State should present their letter ¶¶www.inis.gov.ie/en/INIS/Pages/ (bank giro forms are available proof of your parents’ of permission received through registration-offices. from all regional offices). permission; correspondence with INIS. Bank giro: A printed form, filled out any other documentation and given to a bank along with a Children whose parent(s) are requested by INIS (if a letter cheque or cash telling the bank to pay undocumented should seek legal that money into someone's account. has been received). advice from a specialist immigration solicitor before applying to INIS for Check the glossary for more permission to reside information. 4 5
II USEFUL INFO What happens when How can I renew my I go to register? Irish Residence Permit: The Irish immigration permission Residence Permit is what the ‘Certificate of Registration’ is commonly called. It is a and when should credit card-sized plastic card which has a person’s photograph and immigration I renew it? When you go to register, an stamp number printed on it. It acts as proof immigration officer will meet you and of a person’s permission to be in Ireland. record details about you for example Most immigration permissions are valid for ¶¶www.inis.gov.ie/en/INIS/Pages/ taking your photograph and taking registration-offices. 12 months. If you want to stay in Ireland your fingerprints. If you have received after your immigration stamp or permission Check the glossary for more information. a letter from INIS, you should show expires, you should begin preparations to this letter to the immigration officer. renew your permission at least 10 weeks before your immigration permission expires. If you are successful in registering, an immigration officer will give you an When you are registered, you will Before going to renew your permission, immigration stamp which gives you Immigration permission receive a Certificate of Registration you should make sure your passport is proof of your immigration permission. to stay in Ireland for a (known as the 'Irish Residence still in date. You should collect all the certain period is different This stamp will be printed into your from Irish citizenship. Permit'). This is a credit card- documents you may be asked to show. passport. A person must have sized plastic card which has your a valid immigration photograph, some personal details hh For example: a letter from your school or permission on a stamp 1, college to prove that you are still studying Immigration permission 3, 4 or 5 basis and have and the name of your immigration in Ireland or a letter from your employer is granted to people for continuously lived in stamp printed on it. You must carry proving you are still working in Ireland. different reasons and allows Ireland with one of those this card with you at all times and immigration permissions them to remain in Ireland for for a specified number of you should never lend the card to If you live in Dublin, you should make a certain length of time. years, and meet certain anyone else. an appointment online to renew your other conditions such as permission at INIS at http://www.inis. There are different types being of ‘good character’, before they can apply to If you lose your Irish Residence gov.ie/en/INIS/Pages/registration. of immigration permissions become an Irish citizen. Permit or it is stolen, you should which are given based on report this to An Garda Síochána You should make this appointment the reasons someone is allowed to live in Ireland. and apply to have it replaced as about 10 weeks before your permission soon as possible. If you live in expires as it can take several weeks to Different immigration Dublin, you would need to book an get an appointment. permissions allow people Note: If you do not have a valid appointment with INIS online to to do certain things while have it replaced. If you live outside If you live outside of Dublin, you should passport, you should still contact GNIB/ they live in Ireland. your nearest Garda immigration officer of Dublin, you would need to contact contact your nearest Garda immigration The type of immigration to let them know that you are in the your local Garda immigration officer officer about renewing your permission. country. You should also try to get a permission someone has to get a replacement. new passport as soon as possible. See determines the type of section 3 for more information on steps Many permissions need you to write to immigration stamp they are you should take to get a passport from You can bring an interpreter with the INIS well in advance of your expiry given when they go to register. your country of origin. you to register, if needed. date to seek renewal. 6 7
What should I do if I am older than 16 years, After registering: I realise my immigration and just realised that updating your details permission has expired? I should have registered at age 16 but didn’t know that I had to – what After registering, you should If your immigration permission was contact INIS if your details change, not renewed before it expired, you should I do? for example: should try to register as soon as possible. If you are not permitted to register, you should write to If at least one of your parents has the reasons that you were INIS to seek permission. Becoming permission to reside in Ireland, given permission to live in ‘undocumented’ affects your ability you should write to the INIS as Ireland have changed; to work, study and receive State soon as possible explaining your if you move house or support. Future applications such personal circumstances, when change your postal address; as applications for Irish citizenship you came to Ireland, details could also be affected by gaps in of your parents’ immigration other details change, your immigration permissions. permission and details of your for example: you school attendance and other change your name. activities in Ireland. You should seek permission to reside. You should also contact INIS If neither of your parents has if there is a problem with your You should write regular immigration status, documents (for example: if your to INIS as soon as you should seek legal advice name was misspelled on your Irish possible explaining the from a specialist immigration Residence Permit) or if you were delay in renewing your permission, setting lawyer before proceeding. granted permission that does not out the circumstances match your circumstances. of your residence If you are in care, you should in Ireland, and then make an appointment ask your social worker to write to register. a letter explaining your length of residence in Ireland, details of your Care Order and aftercare plans and other relevant details. II USEFUL INFO When you receive a letter of ¶¶http://www.inis.gov.ie/ reply from INIS, you should follow any instructions in the INIS: The Irish Naturalisation and letter or provide any further Immigration Service (INIS). information requested. Check the glossary for more information. 8 9
2 Immigration stamps together with the Certificate of Registration (known as the ‘Irish What are Residence Permit’) act as proof of a The type of stamp someone is given depends on the type of immigration permission which person’s permission they have. Different conditions immigration to be in Ireland. attach to the different stamps. It is important you know which stamp you have and stamps? understand the different rules and conditions relating to the stamp. You should ask the immigration officer when you go to register if you have any questions, or if there is anything you don’t understand. An outline of the different stamps/immigration permissions can be found in the following pages. 10 11
What are the Main immigration Main groups of people different stamps stamps this stamp is given to and what do they mean? Stamp 0 (Temporary and limited permission) A person with a Stamp 0 is permitted to • A worker sent to Ireland by remain in Ireland on condition that the a company from another Main immigration Main groups of people holder does not receive any State benefits country to carry out particular (social welfare payments) and has private work for a limited time stamps this stamp is given to medical insurance. • An extended visit in exceptional humanitarian circumstances A person with a Stamp 0 must be fully • Visiting academics This section outlines the main Below is a list of the groups financially supported by a sponsor in the • A non-EEA (European Economic State and/or be able to financially support Area) retired person who can immigration stamps that are of people who may be given themselves independently. provide for themselves financially used by An Garda Síochána permission to remain/stay in the and INIS. country. A person with a Stamp 0 is not allowed to work or engage in a trade, business or profession unless permission is given in Immigration stamps are This table does not mean that a letter from the Irish Naturalisation and important as the stamps and persons from each group will Immigration Service (INIS). the Certificate of Registration always be given the immigration (known as the ‘Irish Residence stamp outlined below. Permit’) act as proof of Stamp 1 permission to be in Ireland. The Department of Justice and Equality has the right to give or refuse permission to be in the A person with a Stamp 1 is permitted • Non-EEA national who is to stay in Ireland on condition they do given a work permit country, or particular immigration not start working unless their employer • Non-EEA national who is stamps, in different cases. has obtained a permit, do not engage in given a Green Card Permit any business or profession without the • Non-EEA national who has been permission of the Minister for Justice and granted permission to run a Equality and do not stay in the country business in the Republic of Ireland later than a certain date. • Working Holiday Authorisation holder 12 13
Main immigration Main groups of people Main immigration Main groups of people stamps this stamp is given to stamps this stamp is given to Stamp 1A Stamp 3 A person with a Stamp 1A is permitted • Non-EEA national studying A person with a Stamp 3 is • Non-EEA visitor to remain in Ireland for full-time training accountancy permitted to remain in Ireland • Non-EEA minister of religion with a particular company or organisation on condition they do not work, and member of religious order until a specified date. Other employment do not engage in any business or • Non-EEA spouse/dependant is not allowed. profession, and do not remain later of employment permit holder than a specified date. Stamp 2 Stamp 4 A person with a Stamp 2 is permitted to • Non-EEA national attending remain in Ireland to study but they must a full-time course of study A person with a Stamp 4 is • Non-EEA family member of a not engage in any business or profession permitted to remain in Ireland until citizen of one of the countries other than casual work (such a person a specified date and is allowed to in the European Economic Area is allowed to work 20 hours per week work or enter a trade or profession. • Non-EEA husband or wife or during school term and up to 40 hours civil partner of an Irish citizen per week during school holidays) and • Refugee must not remain in Ireland later than a • Non-EEA person granted specified date. The person cannot claim family reunification under any benefits from the State such as the Refugee Act 1996 social welfare benefits unless otherwise • Programme refugee provided. • Non-EEA parent of Irish-citizen child where parent was granted permission to remain in the State • Non-EEA family member of Stamp 2A a European Union citizen A person with a Stamp 2A is permitted • Non-EEA national attending to remain in Ireland to study on course of study not recognised condition they do not work, do not by the Department of Education engage in any business or profession, and Skills cannot claim any social welfare benefits and do not remain in Ireland later than a specified date. 14 15
3 You will need your passport and birth certificate to prove your identity in many different Getting a situations. You should therefore When registering, you must present a valid passport from make every effort your country of origin in order passport and to obtain your birth certificate and to prove your identity. Having a valid passport is also necessary as immigration stamps are passport at the printed on a person’s passport. other important earliest possible People who have been granted opportunity. refugee status do not need to have a valid passport. The Irish Government will give them a documents from temporary travel document. your country of origin 16 17
Getting a passport I do not have a valid and identity passport. What documents is also should I do to get a important as formal passport from my identification is country of origin? necessary for many things in Ireland You should firstly contact the including opening nearest embassy or consulate of your country of origin to find out a bank account, what documents are needed to get applying for a driving a passport, and to find out about licence, applying any other steps which you need to follow to apply for a passport. to study at college or university. Many Contact details for your nearest II USEFUL INFO landlords in Ireland embassy or consulate can be found through an internet search. If your The types of also request proof country of origin does not have an Country of origin: The country documents which of a person’s nationality. of identification. embassy in Ireland, you will need to contact the closest embassy or are often required Stamp (immigration): An immigration stamp acts as consulate to Ireland. The closest for a passport proof of a person’s permission embassies or consulates for some application include: to be in Ireland for longer than countries are in cities such as 90 days. It gives an indication of some of the rights that London, United Kingdom or Paris, a person has when living in France. Ireland, for example all Stamp an original copy of your 4 holders are allowed to work birth certificate OR an or engage in a business or As well as providing documents, trade in Ireland. attestation of birth (an people will also usually need to attestation of birth is a legal fill out a passport application document which confirms Check the glossary for more information. form and pay a fee before they your birth details including get their passport. The cost of your date of birth); getting a passport depends on the country issuing the passport, an original valid national identity card from your but the embassy or consulate will country of origin (if relevant); tell you this before you apply. original versions of your parents’ birth certificates and national identity cards. 18 19
How can I get my If an embassy or Note birth certificate or consulate of your nationality identity country of origin It is very important to keep card? comes to Ireland, a record of any efforts you it is very important make to try and get a passport or documents needed for a Depending on the country, it can that you: passport application from sometimes be difficult for people your country of origin. to get documents from their This includes: country of origin. This is why it is find out in advance what very important to find out what documents you will need copies of any emails sent documents you need, and to try to bring with you; or received; and get those documents as soon as possible. what the cost will be copies of any letters sent to get a national identity or received; card; and, In some countries, you may only any proof of postage such be able to get documents from if you need to make an as a registered post receipt; a government office in a specific appointment beforehand. town or city and you may need copies of any forms someone to go to the office on your completed; behalf to get the documents. Often, proof of any application it can be helpful for people if they fees paid; and have trusted friends or family still living in their country of origin who a record of any telephone are willing to collect documents for calls made or received (the them which they can then send to date and time that the call Ireland. There is usually a cost to was made/received, the full get these documents. name of the person that you were speaking to and the name of the organisation Sometimes representatives from an where they work as well embassy or consulate of a country as a note of what was said that does not have an embassy in during the telephone call). Ireland come to Ireland for a short visit to issue national identity cards or passports to its citizens living in This is important as INIS may Ireland. You can find out whether ask you for evidence you have a visit is planned by contacting the been trying to get a passport or embassy or searching their website identity documents from your regularly. country of origin. 20 21
4 Higher or further To be entitled to the Irish Government’s education: does ‘Free Fees’ Scheme for higher or further education, and to my immigration receive a student grant from SUSI, a student must be an Irish, EU/EEA or permission entitle Swiss Federation national or hold certain immigration me to free fees and permissions. a student grant? 22 23
If a student is not an Irish, EU/EEA or Swiss national, they may be eligible for funding under Student Grant Legislation if their immigration If you are unsure about your student grant eligibility, you status or leave to remain, should contact your school’s Guidance Counsellor, SUSI under the Department of (www.susi.ie – the national student grant awarding body) Justice and Equality, is or an organisation such as the one of the following: Immigrant Council of Ireland. refugee; II USEFUL INFO subsidiary protection; permission to remain as the Refugee status: Refugee status is Young people from outside of the the deportation order stage), and held by persons who have been family member of an EU/EEA/ EEA who fall outside of the eligibility who meet certain other criteria. More formally recognised as refugees Swiss citizen under the relevant under Irish law. criteria for the ‘free fees’ and student information is available from the EU laws; grants schemes must usually pay Department of Education and Skills. Subsidiary protection: Subsidiary international student tuition fees. protection is a form of international permission to remain because of protection which is given to some For many courses, these fees can be Some of the universities also offer a marriage/civil partnership with an people, who do not qualify for up to and above €20,000 per year. In limited number of scholarships per Irish citizen or as dependent child refugee status, but who are viewed certain cases, some institutions may year to students who are in the asylum an Irish citizen; as being in need of protection. See the rights listed under the definition allow young people from outside of process, subject to the students of “refugee”. the EEA to pay European Union fees meeting certain criteria. Dublin City humanitarian leave to remain which are lower. For more information University, the National University of granted before the Immigration Check the glossary for more Act 1999 came into effect; information. about fees for specific courses, you Ireland, Galway and the University of should contact the relevant college or Limerick are the universities which permission to remain following university. offer this type of scheme at the time a decision not to deport under that this guide was published. Sections 3 of the Immigration Act In 2016 and 2017, the Department 1999; or of Education and Skills ran a Pilot You should contact the third level For more information regarding student Support Scheme which gave free fees institution you wish to attend to find permission to remain as a grant eligibility, see: and student grants to young people in out whether there are any scholarships dependent child of a person who www.susi.ie/eligibility the protection (asylum) process, who or other forms of funding available. has acquired Irish Citizenship by are at the asylum or ‘leave to remain’ naturalisation, residing in the State. stage of the application process (not 24 25
5 Specific Type of immigration permission issues When young people register with An Garda Síochána at age 16, the for children type of immigration stamp they are given usually depends on the in care type of immigration permission or stamp their parent(s) have been given. 26 27
II USEFUL INFO There are no Department of Justice or GNIB guidelines on the right immigration status for children GNIB: The Garda National who are in care. Children in care Immigration Bureau is the are children who are living in immigration office of An Garda foster care, or in a residential Síochána (Ireland’s police force) based on Burgh Quay, Dublin. care centre placement, or who may be cared for by a family INIS: The Irish Naturalisation and member under an agreement Immigration Service (INIS) is the Irish government body which made with social workers or the is responsible for managing courts. Social workers for young immigration in Ireland. It is people in care should write to an office of the Department of Justice and Equality and INIS to seek permission for them manages asylum, immigration, to reside in Ireland when a child citizenship and visa matters on turns 15, at the latest. There are behalf of the Minister for Justice and Equality. no specific forms, procedure or guidance as to content and replies Stamp (immigration): An are not time-bound, but letters immigration stamp acts as proof of a person’s permission to be in of application should provide Ireland for longer than 90 days. details and evidence of the length It gives an indication of some of time a child’s been living in of the rights a person has when living in Ireland, for example all Ireland, attendance at school, Stamp 4 holders are allowed to family circumstances, care order work or engage in a business or and other relevant issues. These trade in Ireland. Young people given a Stamp 4 on It is therefore important you seek applications are granted by the SUSI: Student Universal Support a discretionary basis are allowed advice regarding the best possible Minister for Justice and Equality. Ireland (SUSI) is the body which to live and work in Ireland without immigration permission available awards all student grants for restrictions. However, while young to you. If you are unsure what to higher and further education in It is common for young people in Ireland. SUSI offers funding to people with a discretionary Stamp do, you should ask your social these cases to be granted a Stamp eligible students in approved 4 are allowed to study, they are not worker or foster parent to help you. 4 “on a discretionary basis”. full-time third-level education in currently entitled to free college Ireland and also, in some cases, funding for students studying fees for further education and they If you need further information, outside the State. For more are not entitled to a student grant you should contact an organisation information regarding eligibility from SUSI (www.susi.ie). such as the Immigrant Council of for student grants, see https:// susi.ie/eligibility Ireland for specialised advice (see Section 7 for contact details). Check the glossary for more information. 28 29
6 How can People can become Irish citizens through I become birth, descent (Irish parents, grandparents or great-grandparents) an Irish or naturalisation at the absolute discretion of the Minister for Justice and Equality. citizen? 30 31
Citizenship by birth Citizenship by Dependent young naturalisation adults Children born in Ireland are not automatically Irish citizens. Since a referendum in 2004, the Irish Adults can apply for Irish Young adults aged 18-23 years Constitution limits Irish citizenship citizenship through naturalisation can apply for naturalisation by birth to persons with at least when they have spent five of as “dependent young adults” one parent who “is an Irish citizen the previous eight years of if they meet the requirements or entitled to be an Irish citizen” “reckonable” residence (this for naturalisation as an adult, and to those in respect of whom means time spent in Ireland entered the State legally as part citizenship is provided for “by lawfully with specific immigration of a family unit, are currently law”. A child born in the island of permissions; Stamps 1, 3, 4 and attending secondary school in Ireland since 2004 to non-Irish 5 are “reckonable”. Stamp 0, 1A, Ireland, or went directly from nationals will be entitled to Irish 2 and 2A are not “reckonable”). secondary school into third level citizenship by birth where one They must have had one year education, and are continuously of their parents has been legally continuous reckonable residence dependent on their parents. resident on the island of Ireland for in the State in the year before They use Form 8 and can show at least three of the previous four they submit the application. their parents’ calculation of years. Time spent undocumented Refugees can apply after three “reckonable residence”. or resident with an international years. Adults complete ‘Form 8’. student permission does not count. Children who are entitled to Irish Children and young people can citizenship on birth can apply II USEFUL INFO apply for naturalisation when directly to the Passport Office in either of their parents has the Department of Foreign Affairs naturalised first (Form 2), if he Stamp (immigration): An and Trade for an Irish passport. immigration stamp acts as proof or she is of Irish descent or has of a person’s permission to be in Irish associations (Form 10), Ireland for longer than 90 days. and where a child was born in It gives an indication of some of the rights a person has when the State and their parent has living in Ireland, for example all acquired five years reckonable Stamp 4 holders are allowed to residence (Form 11). ‘Irish work or engage in a business or trade in Ireland. associations’ means ‘related by blood, affinity or adoption to a Refugee status: Refugee status person who is an Irish citizen’. is held by persons who have been formally recognised as Children cannot apply for refugees under Irish law. naturalisation independently. The application must be made Check the glossary for more information. by their parent or guardian. 32 33
7 If you have problems registering with An Garda Síochána to live legally in Ireland, think you may have been given the wrong immigration stamp or are having difficulty getting identity documents from your country of origin, you can contact an organisation or specialist immigration solicitor to ask for advice. Organisations which can assist you include: Where Dublin Cork to access The Immigrant Council of Ireland 2 St. Andrew Street, Dublin 2 Nasc. The Irish Immigrant Support Centre Information service Ferry Lane, off Dominic Street, Cork further telephone line: (01) 674 0200 www.immigrantcouncil.ie Phone: 021 450 3462 info@nascireland.org www.nascireland.org information The Irish Refugee Council 37 Killarney Street, Mountjoy Limerick Dublin 1 Doras Luimní Phone: 01 7645854 Central Buildings info@irishrefugeecouncil.ie 51A O’Connell Street, Limerick www.irishrefugeecouncil.ie Phone: 061 310 328 info@dorasluimni.org www.dorasluimni.org Nationwide Citizens Information Centres Located nationwide – to find your nearest, centre visit www.cic.ie 34 35
Glossary Important terms: what do they ÎÎ Asylum seeker/asylum process ÎÎ EEA mean? An asylum seeker is a person who The European Economic Area is in the process of applying to (EEA) is made up of all European be recognised as a refugee. Union members as well as Iceland, Lichtenstein and Norway. A person is in the asylum or international protection process ÎÎ GNIB if they have applied for a form of The Garda National Immigration international protection (refugee Bureau is the immigration office of status or subsidiary protection), An Garda Síochána (Ireland’s police and are awaiting a final decision force) based on Burgh Quay, Dublin. about whether the Minister for Justice and Equality will grant ÎÎ Immigration permission them refugee status or subsidiary Immigration permission is granted protection. They may also be waiting to people for different reasons and for the result of an appeal against a allows them to remain in Ireland decision not to grant them refugee for a certain length of time. There status or subsidiary protection. are different types of immigration permissions which are given based ÎÎ Bank Giro on the reasons why someone is A printed form, filled out and given allowed to live in Ireland. Different to a bank along with a cheque or immigration permissions allow people cash telling the bank to pay that to do certain things while they live money into someone's account. in Ireland. The type of immigration permission someone has decides ÎÎ Country of origin the type of immigration stamp they The country of a person’s nationality. are given when they register. 36 37
ÎÎ Immigration status in the International Protection An immigration stamp acts as proof ‘Immigration status’ refers to the Act 2015, as outlined below. of a person’s permission to be in immigration permission a person has, Under Section 53 of the International Ireland for longer than 90 days. It and can also refer to whether they Protection Act 2015, people granted gives an indication of some of the have been granted permission or if international protection (refugee rights a person has when living in they are still waiting for a decision status or subsidiary protection) have: Ireland, for example all Stamp 4 about whether or not they will be holders are allowed to work or engage given permission to stay in Ireland. • the right to seek and enter in a business or trade in Ireland. employment in the State; ÎÎ INIS • the right to carry on any business, ÎÎ Subsidiary protection The Irish Naturalisation and trade or profession in the State; Subsidiary protection is a form of Immigration Service (INIS) is the Irish • the right to access education international protection which is given government body which is responsible and training in the like manner to some people who do not qualify for managing immigration in Ireland. and to the like extent in all for refugee status, but who are viewed It is an office of the Department of respects as an Irish citizen; as being in need of protection. Justice and Equality and manages • the right to receive the same medical See the rights listed under the asylum, immigration, citizenship care and services and the same definition of “refugee” above. and visa matters on behalf of the social welfare benefits, including Minister for Justice and Equality. housing, as an Irish citizen; ÎÎ SUSI • the right to reside in the State for Student Universal Support Ireland ÎÎ Irish Residence Permit at least 3 years. This is renewable (SUSI) is the body which awards The Irish Residence Permit card is unless there are compelling all student grants for higher and what the ‘Certificate of Registration’ reasons of national security or further education in Ireland. SUSI is commonly called. It is a credit public order not to do so; offers funding to eligible students card-sized plastic card which • the same rights of travel in, or in approved full-time third-level has a person’s photograph and to or from the State as those to education in Ireland and also, in immigration stamp number printed which Irish citizens are entitled some cases, funding for students on it. It acts as proof of a person’s (note: this is on the basis that the studying outside the State. For permission to be in Ireland. Minister for Justice and Equality more information regarding issues a travel document); and, eligibility for student grants, ÎÎ Refugee status • the right to apply to the Minister for see https://susi.ie/eligibility Refugee status is held by persons Justice and Equality for permission who have been formally recognised for a member of their family to enter as refugees under Irish law. and reside in the State. Applications If you have previously been granted for family reunification must now refugee status under the Refugee be made within one year of being Act 1996, as amended, or subsidiary declared a refugee or declared protection under the European Union entitled to subsidiary protection. (Subsidiary Protection) Regulations ÎÎ Stamp (immigration) 2013, your rights are now set out 38 39
Notes Disclaimer: This is not a legal document. If you need legal advice, please contact the organisations listed for assistance and appropriate referral. This project was funded with support Supported by from FLAC Public Interest Law Fund
immigrantcouncil.ie 2 St Andrew Street, Dublin 2, Ireland Information Service (01) 674 0200 Administration (01) 674 0202 /ImmigrantCouncil @immigrationIRL
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