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Irregular migration and undocumented
migrant workers
Irregular migration and undocumented migrant workers generally concerns non-EU/EEA nationals whose residency status in Ireland has
expired, or who are working without permission. This can happen
for a variety of reasons, such as a holiday visa that has expired, a work
permit that has expired and not been renewed, a spouse
dependent visa holder who is working, or when a person fails to register with the local immigration
officer upon arriving in Ireland. Undocumented migrant workers can also in some cases be trafficked for forced labour in Ireland, or have paid for false documents (often unknown to
them) through an agency. There is usually a complex range of issues at play
for a migrant worker who becomes undocumented. Whatever the case, it is
apparent that migrant workers in irregular situations are in very vulnerable
situations, often excluded from all forms of social and legal protection.
In the absence of available data, it is difficult to estimate the numbers of undocumented migrant workers in Ireland. A sample from the MRCI's computerised case management system revealed that out of 378 people, 171 had become undocumented as a result of some form of workplace exploitation. All had reported that they accessed the country on a work permit. Upon becoming undocumented migrant workers find themselves in increasingly vulnerable situations, at greater risk of workplace exploitation, unable to access legitimate employment and a new work permit (often the only way to secure legal status) and invisible in the eyes of the system in terms of accessing, for example health services.
Bridging Visa Campaign
The MRCI has been advocating for a Bridging Visa for migrant workers who can demonstrate that they have been exploited or have become undocumented through no fault of their own. The visa would allow a migrant worker to change or seek employment within a defined period. The worker becomes documented, in a position to make an official complaint and seek new employment.
>> Undocumented Workers Scheme Update
In October 2009 the Irish Naturalisation and Immigration Service (INIS) published guidelines and an application form for some undocumented workers. See the links below for details. The MRCI campaigned several years for the introduction of this scheme which was known as the Bridging Visa.
Click for INIS Undocumented Worker Guidelines/Application Form
MRCI FAQs on Application for undocumented workers (English)
NOTE:If you receive a response from General Immigration granting a four-month Stamp 1, see 'STEP 2' in the 'Information points' leaflet in different languages below:
MRCI Information points for Applications:
Click here to read testimonies of undocumented workers:
Listen to Newstalk 106 Radio interview of undocumented worker (10.09.07)
MRCI is a member of PICUM,
a Brussels-based international organisation that advocates for the rights
of undocumented people. Their recent report, 10 Ways to Protect Undocumented
Workers is a valuable resource for those concerned with this issue. In recent
years the EU has developed a number of relevant policy statements, eg
Policy
Plan on Legal Migration and
Justice
and Home Affairs Returns Policy.
go to www.picum.org for more information