Undocumented Migrants
 

Below is information on what to do if you have become undocumented. As well as providing information and assistance to migrants who are undocumented, MRCI has established migrant action groups and campaigns for policy changes to regularise migrants, For more information on these campaigns go to the Irregular Migration section of the website and click on the Regularisation Campaign and Bridging Visa Campaign sections.


Who is an Undocumented Migrant?


Undocumented migrants are those without a residence permit authorising them regurlarly stay in country of destination. An undocumented migrant in Ireland resides without permission to do so from the Irish Naturalisation and Immigration Services. You may be undocumented if:

• you came to Ireland to work with an employment permit and now your employment permit and immigration stamp has expired
• you came to Ireland to study and now your permission to remain has expired
• you came to Ireland as a tourist and remained in Ireland
• you entered Ireland without the required visa
• you are form a non-visa required country and did not renew your immigration status
• you entered as an asylum seeker and had your claim was refused
• you have been issued with a deportation order


What are my Rights?

Many people think that undocumented migrants have no rights since they are living without permission to legally reside in a country which is not their own. But it is a myth that undocumented migrants do not have any rights. The human rights of undocumented migrants are in fact articulated within a variety of instruments and teaties on both international and regional levels.

Regardless of your legal status in the country a certain set of rights are guaranteed to you. These include:

• The right to shelter - You are entitled to apply for emergency accommodation if you find yourself homeless
• The right to health care - You are entitled to visit a GP, a specialist, to be admitted into emergency and maternity services
• The right to fair labour conditions - You are entitled to the same fair working conditions as any other worker and to seek redress if these rights are violated
• The right to organise - You are entitled to join a trade union
• The right to education and training - Your children have a right to attend primary and secondary school
• The right to a minimum subsistence - You are entitled to apply for an Emergency Needs Payment from your local Community Welfare Officer
• The right to family life - You are entitled to privacy and to forma life in the State
• The right to moral and physical integrity - You are entitled to report a crime or a racist incident
• The right to legal aid - you are entitled to free legal aid and to access the courts system



Rectifying Your Legal Status


Undocumented Workers Scheme 2009 (Bridging Visa) 
This scheme was open ONLY to migrant workers who held an employment permit at some stage in Ireland. It was open from August 1st 2010 until December 31st 2010. To qualify for the scheme the person had to demonstrate that the non-renewal of the work permits and therefore immigration status was out of their control. The person needed to demonstrate that they lost the work permit through exploitation, or the action or inaction of their employer. This scheme is now closed.
Persons who became undocumented through redundancy during the current economic downturn were not eligible for this scheme. Please note that not all applications have not been finalised as of October 2010.

Applications to General immigration Division of INIS
To rectify the person's legal status an application can be made to General immigration to have their case considered. This division deals with altering, granting and extending a person's permission to remain in the state. Before making any submission it is very important to get specialist up to date information and advice on how to regularise your legal status. For more information and assistance contact MRCI, a solicitor with immigration experience or call the Citizens information Service on 1800 777 121 or drop into your local Citizens Information Centre.

Applications under the Criteria of the Undocumented Workers Scheme
The General Immigration Division of INIS continues to consider individual submissions on a case by case basis of people who fall under the criteria of the Undocumented Workers Scheme i.e. lost their legal status through no fault of their own.

Points to be included in Letter:
• Where relevant outline recruitment to Ireland (agencies, outstanding debts, etc.)

Outline Immigration History
•  Date of entry to state and immigration status on arrival
•  Include all previous registration stamps
•  Date of last permission to remain

Outline Employment History
•  First employment permit
•  Subsequent employment permits
•  Reasons for loss of employment permit and immigration status, for example:
•  Non-renewal of Work Permit
•  Refusal of work permit, e.g. due to non-compliance where employer can't provide P30
•  Work Place exploitation - (outline breaches of employment law)
•  Unfair/constructive dismissal
•  Being made redundant
•  Other
•  Detail any and every efforts made to regularize their status
•  Outline how they were supporting themselves
•  Family in the State
•  Other relevant factors
•  Include if there is a prospective employer

 Documentation to be included:
• Copy of old work permit/s if available
• Letter from prospective Employer (where relevant)
• Any P60, P45 - documentation relating to employment in Ireland
• Copy of Passports (old and New)
• Old GNIB card
• Any evidence of exploitation - LRC complaint.
• EU Treaty Rights


Marriage and De Facto Relationships

If you are undocumented and married to an EU national you can make an application to rectify your legal status. For more information see Irish Naturalisation and Immigration Service



Married to an Irish National
If you are undocumented and married to an Irish National you must make an application to married to an Irish National Section of General Immigration outlining the circumstances and requesting a change of legal status based on your marriage.



De-facto Relationships:
Irish National
If you are undocumented and in a de-facto relationship with and Irish National for a minimum of 2 years you can make an application to General Immigration to rectify your legal status.
See what to include http://www.inis.gov.ie/en/INIS/Pages/WP07000278  
EU National
If you are undocumented and in a de-facto relationship with an EU national for 3 years you can make an application to the EU treaty rights section to rectify your legal status. Use the EU 1 form see http://www.inis.gov.ie/en/INIS/Pages/EU%20Treaty%20Rights  
Non-EEA National
If you are undocumented and in a de-facto relationship with an Non-EEA for 4 years you can make an application to
See what to include http://www.inis.gov.ie/en/INIS/Pages/WP07000278






Notice to Deport 

'Section 3' or '15 day' letter
An intention to deport is issued under Section 3 of the Immigration Act, 1999 (as amended). This is a serious letter and needs to be responded to immediately. This letter is an expression of the Minister for Justice of his intention to remove you from the State. Before a deportation order is issued you will then have 15 working days to decide on the following 3 options.

1. you can also choose to leave the state voluntarily
2. or consent to a Deportation Order to be issued.
3. to make representations to the Minister for Justice Equality and Law Reform as to why you should not be deported.

Responding to a Section 3 & applying for Leave to Remain on Humanitarian Grounds

If you choose to a make representation to the Minister for Justice and Law Reform under section 3 the application is examined under the following factors:

• the age of the person,
• the duration of residence in the State of the person,
• the family and domestic circumstances of the person,
• the nature of the person's connection with the State, if any,
• the employment (including self-employment) record of the person,
• the employment (including self-employment) prospects of the person,
• the character and conduct of the person both within and (where relevant and ascertainable) outside the State (including any criminal convictions),
• humanitarian considerations,
• any representations duly made by or on behalf of the person,
• the common good and
• considerations of national security and public policy.
With this application it is vital to include character, employment and other references. Decisions can take anything from 2months to 2 years to be considered.
NB: it is the person's duty to inform the Repatriation unit of each change of address. If the affected person fails to respond to a section 3 then the minister will make a decision.
For more information, please go to INIS              

What is a 'Section 14(1)' Notice and what should I do if I receive one?
This is letter which requires you to report to your local immigration officer at a specific time on a specific date. This can be ongoing and the immigration officer may renew this notice each time you report. Sections 14 (1)'s are a way of tracking an undocumented person in the state. It is also very important to report on the day and time specified as failure to do so can result in a charge, detention or the issuance of a Section 3 letter.


What is a Deportation order and what to do if I receive one?
A Deportation Order means that the Minister for Justice has decided that your presence in the State is no longer desired and that your removal should be beneficial to the common good.
You will be told to present to GNIB on a date to enable your removal from the State. If you fail to present on that date given to you, you will immediately become liable to arrest and detention for the purposes of effecting your deportation/transfer/removal from the State.

Revoking a Deportation order
You can apply for a revocation of a deportation order under section 3(11) of the Immigration Act, 1999. This is discretionary and the application must reveal new evidence in your case which has not been considered by the Minister.
Overturning a deportation order is difficult and requires legal assistance. For more information and assistance contact MRCI, ICI, a solicitor with immigration experience or call the Citizens information Service on 1800 777 121 or drop into your local Citizens Information Centre.



Useful Contacts


Department of Justice and Law Reform
Irish Naturalisation and Immigration Service
13/14 Burgh Quay
Dublin 2

General Immigration Division
Irish Naturalisation & Immigration Service
3rd Floor
13-14 Burgh Quay
Dublin

Repatriation Division
Irish Naturalisation and Immigration Service
Department of Justice and Law Reform
13/14 Burgh Quay
Dublin 2

Garda National Immigration Bureau
13-14 Burgh Quay
Dublin 2



This information has been prepared by the Migrant Rights Centre Ireland for information purposes only, with no guarantee as to accuracy or applicability to a particular set of circumstances. It is not intended as, and should not be considered to be, legal advice. The information may change from time-to-time and may be out of date. The Migrant Rights Centre Ireland disclaims any legal responsibility for the content or the accuracy of the information provided.