Immigration Status in Ireland: What do I need to know? - Immigrant Council of Ireland

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Immigration Status in Ireland: What do I need to know? - Immigrant Council of Ireland
Immigration Status
in Ireland:
What do I need
to know?

Working for equality
Immigration Status in Ireland: What do I need to know? - Immigrant Council of Ireland
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
Immigration Status in Ireland: What do I need to know? - Immigrant Council of Ireland
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)

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Immigration Status in Ireland: What do I need to know? - Immigrant Council of Ireland
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.

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Immigration Status in Ireland: What do I need to know? - Immigrant Council of Ireland
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.

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Immigration Status in Ireland: What do I need to know? - Immigrant Council of Ireland
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.

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Immigration Status in Ireland: What do I need to know? - Immigrant Council of Ireland
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.

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Immigration Status in Ireland: What do I need to know? - Immigrant Council of Ireland
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
Immigration Status in Ireland: What do I need to know? - Immigrant Council of Ireland
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.

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Immigration Status in Ireland: What do I need to know? - Immigrant Council of Ireland
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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