A Guide to the Rights of Migrants
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Transcript of A Guide to the Rights of Migrants
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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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8/10/2019 A Guide to the Rights of Migrants
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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
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
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A guide to the rights of migrants in IrelandCrosscare Migrant Project April 2012
www.migrantproject.ie 2
Status Right To: Stay inthe country
To: Work To: 3rdLevelEducation
To: SocialWelfareSupport
To: FamilyReunification
To: Travelabroad and
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
o towww.studentfinance.iefor more detailed
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!
$isa is not needed
as Certificate of
-egistration
)*tamp 8 &'am
is accepted for re"
entr!+
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A guide to the rights of migrants in IrelandCrosscare Migrant Project April 2012
www.migrantproject.ie #
Status Right To: Stay inthe country
To: Work To: 3rdLevelEducation
To: SocialWelfareSupport
To: FamilyReunification
To: Travelabroad and
re-enter
Non-EEA (isitor) Yes/ for up to 90
da!s.
o o o/ e:cept
ma!%e in
emergencies
o 7A
Non-EEA &tudent
(rom +st,anuar
2.++ the ma!imum
time that a student
can stud in Ireland
is ears)
;imed out< students
)who ha$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
o towww.studentfinance.iefor more detailed
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! $isa
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A guide to the rights of migrants in IrelandCrosscare Migrant Project April 2012
www.migrantproject.ie 8
Status Right To: Stay inthe country
To: Work To: 3rdLevelEducation
To: SocialWelfareSupport
To: FamilyReunification
To: Travelabroad and
re-enter
&tamp +A 0rainee
Accountanc
&tudents
N10E ew *tudent
guidelines for non"&&A *tamp 1A holders
%egan on 1st
*eptem%er 2011
rom this date non"
&&A accountanc!
students will %e
limited to (8 months
)8.( !ears+ tocomplete all
professional
accountanc!
reuirements
)accounting
technicians will %e
limited to # !ears+
or more information
please go to@
www.inis.go$.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
o towww.studentfinance.iefor more detailed
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!
$isa.
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A guide to the rights of migrants in IrelandCrosscare Migrant Project April 2012
www.migrantproject.ie (
Status Right To: Stay inthe country
To: Work To: 3rdLevelEducation
To: SocialWelfareSupport
To: FamilyReunification
To: Travelabroad and
re-enter
Non-EEA 3reen
Card 'ermit 4older
Yes/ for
duration of the
reen Card
permit. After 2
!ears holders
can register to
wor6 without apermit
Yes. Initiall! onl! in
the jo% for which the
permit was granted.
After 1 !ear can
mo$e emplo!ment
%ut a new reen
Card Permit must %eapplied for
Yes/ %ut might
ha$e to pa! fees
o towww.studentfinance.iefor more detailed
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! $isa
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A guide to the rights of migrants in IrelandCrosscare Migrant Project April 2012
www.migrantproject.ie >
Status Right To: Stay inthe country
To: Work To: 3rdLevelEducation
To: SocialWelfareSupport
To: FamilyReunification
To: Travelabroad and
re-enter
Non-EEA
&pouse/ependent
of Non-EEA or6
'ermit 4older
)where Dor6 Permit
,older
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8/10/2019 A Guide to the Rights of Migrants
8/12
A guide to the rights of migrants in IrelandCrosscare Migrant Project April 2012
www.migrantproject.ie =
Status Right To: Stay inthe country
To: Work To: 3rdLevelEducation
To: SocialWelfareSupport
To: FamilyReunification
To: Travelabroad and
re-enter
#efu"ee Yes Yes Yes/ %ut ha$e to
%e in Ireland for #
!ears %efore free
fees appl!
o towww.studentfinance.iefor more detailed
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
o towww.studentfinance.iefor more detailed
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
o towww.studentfinance.iefor more detailed
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
o towww.studentfinance.iefor more detailed
information
o/ apart from
direct pro$ision
and one"off
e:ceptional
needs pa!ments
o o/ e:cept in
e:ceptional
circumstances
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A guide to the rights of migrants in IrelandCrosscare Migrant Project April 2012
www.migrantproject.ie 9
Additional Immigration Information#e"istration 7ith the 3arda National Immi"ration %ureau
A non"&&A national who has %een granted permission to li$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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A guide to the rights of migrants in IrelandCrosscare Migrant Project April 2012
www.migrantproject.ie 11
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!.