Measures aim to clarify the situation of immigrant parents of Irish-born citizens, writes Nuala Haughey
A scheme to deal with a backlog of residency claims from immigrant parents of Irish citizens, sanctioned by the Government, brings some clarity to the area.
Since the Supreme Court ruled last January that the authorities were entitled to deport non-EU immigrant parents of Irish citizens, thousands of people have been waiting for news of what the ruling meant for their residency claims. All processing of such claims had been suspended since then, and the backlog of cases stands at around 11,000.
In an unusual public display from immigrants themselves, hundreds of parents protested outside the Dáil a fortnight ago with their children. They hoisted placards with slogans such as: "I am an Irish child, let me stay" or "Protect the Children's Rights".
The speakers called on the authorities to cherish all children equally rather than introducing a form of "two-tier citizenship", with some children born in Ireland not having the right to have their parents care for them here.
The Supreme Court ruling makes it clear; non-EU nationals do not enjoy an automatic entitlement to reside in Ireland solely on the basis of becoming parents of Irish citizens.
Before the Supreme Court case, non-EU immigrants were almost automatically granted residency once they became parents of Irish citizen children. This policy was based on a 1990 Supreme Court ruling in a case involving illegal migrants who had lived in the State for around eight years and were allowed remain on the basis that their Irish child had the right to the "care, company and parentage" of its parents within the family unit.
The number of people seeking residency on this basis increased significantly in recent years. The majority of those claims were made by people who had initially sought asylum, leading to concerns that the refugee system was being abused.
There were signs too that immigrants were targeting Ireland, often in the late stages of pregnancy, to avail of this residency and citizenship provision. The number of unannounced arrivals at Dublin's maternity hospitals led their masters to express concerns about resources.
Other applicants may have arrived for the purpose of making asylum claims but were advised that what became known as the "Irish Born Child" route to residency was a safer bet.
The scheme announced today includes a financial incentive aimed at residency applicants whose only basis for claiming to remain in Ireland is their Irish offspring. By choosing to take their citizen children with them and return home, these parents can apply to have their travel costs met and avoid a deportation order. This means they would be free in the future to apply to come back to Ireland, perhaps as migrant workers. This option is likely to be most appealing to citizens from states such as the Czech Republic or Poland which are due to join the EU next year.