Written answers

Wednesday, 23 February 2022

Department of Justice and Equality

Immigration Policy

Photo of Peadar TóibínPeadar Tóibín (Meath West, Aontú)
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189. To ask the Tánaiste and Minister for Justice and Equality if undocumented migrants who were born in Britain to Irish parents in circumstances (details supplied) fall under the scope of the undocumented migrants' scheme announced by her Department. [10129/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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UK citizens are not considered to be ‘non-nationals’ for the purposes of Irish immigration law. They continue to enjoy arrangements under the Common Travel Area (CTA) including the freedom to reside in the State following the UK's departure from the European Union on 31 December 2020.

UK nationals do not require any documentation to continue their lives in Ireland after that date, but may request a Withdrawal Agreement Beneficiary Card under the Withdrawal Agreement, if they so wish. This card is free of charge and can be obtained by making an application on my Department’s online registration renewal system at: inisonline.jahs.ie/user/login .

More information is available on my Department's website at:

www.irishimmigration.ie/extension-of-date-for-non-eea-family-members-of-uk-nationals-residing-in-ireland-before-the-end-of-the-transition-period-on-31-december-2020-to-apply-for-a-residence-document-under-the-withdrawal-agre/

As their residency in the State is secured, they would not be considered to be undocumented and, consequently, are not eligible to apply for the Regularisation Scheme.

It should also be noted that any person born outside of Ireland to Irish parents may be entitled to Irish citizenship, on registering the birth with the Department of Foreign Affairs. Further details are available at:

www.irishimmigration.ie/how-to-become-a-citizen/check-if-you-are-an-irish-citizen-by-birth-or-descent/

Photo of Peadar TóibínPeadar Tóibín (Meath West, Aontú)
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190. To ask the Tánaiste and Minister for Justice and Equality if a person (details supplied) falls under the scope of the undocumented migrants' scheme; the process by which they can apply to the scheme; and the documentation required. [10130/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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UK citizens are not considered to be ‘non-nationals’ for the purposes of Irish immigration law. They continue to enjoy arrangements under the Common Travel Area (CTA) including the freedom to reside in the State following the UK's departure from the European Union on 31 December 2020.

UK nationals do not require any documentation to continue their lives in Ireland after that date, but may request a Withdrawal Agreement Beneficiary Card under the Withdrawal Agreement, if they so wish. This card is free of charge and can be obtained by making an application on my Department’s online registration renewal system at:  inisonline.jahs.ie/user/login. 

More information is available on my Department's website at:

www.irishimmigration.ie/extension-of-date-for-non-eea-family-members-of-uk-nationals-residing-in-ireland-before-the-end-of-the-transition-period-on-31-december-2020-to-apply-for-a-residence-document-under-the-withdrawal-agre/ 

As the residency in the State of the person concerned is secured, they would not be considered to be undocumented and, consequently, are not eligible to apply for the Regularisation Scheme. 

It should also be noted that any person born outside of Ireland to Irish parents may be entitled to Irish citizenship, on registering the birth with the Department of Foreign Affairs. Further details are available at: www.irishimmigration.ie/how-to-become-a-citizen/check-if-you-are-an-irish-citizen-by-birth-or-descent/

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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191. To ask the Tánaiste and Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied); if they are eligible to apply to the recently announced scheme for the undocumented; and if she will make a statement on the matter. [10207/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The Regularisation of Long Term Undocumented Migrants Scheme opened for applications on 31 January 2022. Applications will be accepted for six months until 31 July 2022, when the scheme will close. The scheme is open to those who do not have a current permission to reside in the State and will enable eligible applicants to remain and reside in the State and to regularise their residency status. 

When submitting an application for the scheme the onus is on the applicant to determine if they satisfy all of the eligibility criteria. Proofs of residency for each of the required years, proof of identity and proof of the claimed familial relationship must be included in the application. The applicant will also be required to complete eVetting and to meet the good character and conduct criteria.

Full details regarding the qualifying criteria, a Frequently Asked Questions (FAQ) document and the required documentation for the Scheme is available on my Department's website at: www.irishimmigration.ie/regularisation-of-long-term-undocumented-migrant-scheme/. 

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