Four in five undocumented people who applied to regularise their status in Ireland were successful

Department of Justice says scheme, which attracted 6,500 applications, was a once-off and there are no plans to repeat it in future.

Members of the Justice for the undocumented campaign outside Government Buildings in January 2022 after the announcement of the regularisation scheme for undocumented people. Photograph: Alan Betson
Members of the Justice for the undocumented campaign outside Government Buildings in January 2022 after the announcement of the regularisation scheme for undocumented people. Photograph: Alan Betson

More than 80 per cent of people and families who applied under a scheme offering undocumented residents a chance to regularise their status in Ireland were granted permanent residency, according to the Department of Justice.

Minister for Justice Helen McEntee commenced what was described as a “once-in-a-generation” scheme in January of last year to provide a pathway for thousands of people living in the State without legal status to attain residency.

A total of 6,548 applications were made by people with 105 different nationalities, in addition to a small number of people who were deemed stateless. However, the total number of people affected was 8,311, with 14 per cent of applications coming from family groups.

While specific data for families has not been released, the indications are that the vast majority of family groups who applied were successful.

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Final determinations were to be made before the end of last year, but because of the complexities involved with some cases, some 10 per cent of applications have yet to be finally determined.

The scheme was announced last year after groups campaigning for undocumented people called for some form of amnesty. While there is no clear data on overall numbers, thousands of people had been living illegally in Ireland for many years, working in the shadow economy, without any welfare or social rights, and living under constant fear of deportation.

Of the 5,893 cases determined under the scheme, 4,710 applications (80 per cent – or 72 per cent of total applications) were granted while 1,065 (18 per cent) were refused with a further 118 (3 per cent) withdrawn.

In a separate strand, people who had sought asylum status (international protection) but had not obtained a successful determination could also apply. A total of 3,250 people applied for the strand, of which 2,707 (84 per cent) were given permanent residency or a higher immigration permission. A total of 486 applications were refused.

The scheme has allowed successful applicants the right to access the labour market legally and begin a path to obtaining citizenship.

“It has provided an opportunity for those who meet its criteria to remain and reside in the State and to become part of mainstream Irish society rather than living on its margins,” a department spokesman said.

He added that it was not possible to provide a definitive timeline for when the outstanding applications would be finalised due to the complexity of some applications.

Asked whether there would be further schemes, the spokesman said there were no plans and that this had been a “once-in-a-generation” initiative.

“If a person is resident in the State without permission and did not meet the terms of the published scheme, the department would encourage them to contact the Immigration Service Delivery (ISD) and to take all appropriate steps to regularise their status,” he added.

“In all cases, people must engage with the authorities if they wish to be permitted to remain here legally. A pragmatic approach is taken in relation to each case, which is considered on its individual merits,” he said.

In response to a parliamentary question from People Before Profit TD Richard Boyd-Barrett, Ms McEntee set out some of the reasons why there had been delays in finalising the scheme.

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“Processing times vary depending on the complexity of the application; whether it is a single or family application; the supporting documentation and the vetting process with An Garda Síochána,” she said. “Applications where there is an existing deportation order require additional processing,” she added.

Harry McGee

Harry McGee

Harry McGee is a Political Correspondent with The Irish Times