Undocumented Workers Scheme

ADMINISTRATIVE SCHEME FOR UNDOCUMENTED MIGRANT WORKERS FORMERLY HOLDING EMPLOYMENT PERMITS AND WHO HAVE SINCE BECOME UNDOCUMENTED THROUGH NO FAULT OF THEIR OWN

For an application form please see the Undocumented Application Form - Rev 9.pdf (PDF size 69Kb) 

 
Explanatory Notes

1. 1. General
      This scheme is targeted at a clearly identifiable and limited group of migrant workers (see below) who were formerly lawfully resident and held an employment permit from the Minister for Enterprise Trade and Employment. Persons whose illegal presence in the State arises in other circumstances will not qualify for consideration under this scheme. This does not however affect their ability to make application under existing immigration arrangements.
   2. Who is Eligible for Consideration under the Scheme?
      This scheme is open to non-EEA nationals who previously held an employment permit (ordinary employment permit or "Green Card") issued by the Minister for Enterprise Trade and Employment and have since become undocumented through no fault of their own (i.e. through the action or inaction of their employer).
      It is open to no other persons.
      The Scheme is not open to non EEA nationals whose authorisation to work is on a basis other than an employment permit or 'green card' e.g.:
      
      • Work Authorisation/Work Visa
      • Spousal Employment Permit
      • Working Holiday Agreement.
      • Student Permission
      • Other permission from the Minister of Justice, Equality and Law Reform
      
      
   3. Redundancy arising from the economic downturn.
      

      Persons who have been made redundant because of the economic downturn are not eligible for consideration. The Minister for Justice Equality and Law Reform recently announced a separate scheme for dealing with such cases. Details of these arrangements can be found on the website of the Irish Naturalisation and Immigration Service. www.inis.gov.ie. It should also be noted generally that the fact that a person is made redundant is not a justification for remaining in the State illegally.

   4. Deportation or Transfer Orders
      Persons in respect of whom a Deportation Order or Transfer Order has been issued are specifically excluded from the terms of this scheme.
   5. Application Process
      Applications must be made on the form provided. Applications not made in this manner cannot be considered under the scheme.
      
      • This form must be completed in BLOCK CAPITALS and in black ink. All sections must be completed. Incomplete applications cannot be processed and will be returned. Applications must be made in English.
      • Please note that certain documents are required to be submitted with this form and those documents must be originals. Original documents will be returned to you as soon as possible. Please refer to the checklist attached to the application form.
      • We would suggest that you send all documentation by registered post. Please note that identity documents (i.e. passports etc.) will be returned to you by registered post at the address you have indicated.
      • If you change address while your application is under consideration, you must notify this office in writing of your new address immediately.

      Before submitting an application form you should ensure that you can adequately demonstrate that you meet all of the criteria as set out below:

      • Your permission to work in the State has not come to an end because of redundancy, because the employment contract has been completed or because your employment has otherwise come to a natural end.
      • The circumstances in which your employment permit was not renewed were outside of your control.
      • You have not been an unreasonable burden on the States resources during your period of illegal residence.
      • You have not engaged in any criminal or other behaviour contrary to public policy during your period of residence in the State.

      Employment Prospects

      The intention of this scheme is to give people a chance to secure legal employment and their prospects of doing so will be taken into account in deciding their case. While it is not essential that the applicant is currently employed it will help their case if are working for an employer who is willing to apply for an employment permit for them.

      Applications should be addressed to

      Undocumented Non EEA Workers Scheme
      Irish Naturalisation and Immigration Service
      13/14 Burgh Quay
      Dublin 2.

      The closing date for receipt of applications is 31 December 2009. 

      You are advised that only complete application forms will be accepted. In this regard only original documents will be accepted and we would suggest that you send all documentation by registered post. Please note that identity documents (i.e. passports etc) will be returned to you by registered post at the address you have indicated.

   6. Consideration of Applications

      Each case will be considered on its individual merits and it will be a matter for the applicant to satisfy the Minister that the reason for their becoming undocumented is not through their own fault. No general permission or amnesties will be given.

      Among the factors that may be taken into account in arriving at a decision are:-

      • The circumstances in which the foreign national’s work permit was not renewed
      • The periods for which the foreign national has been in the State legally and illegally.
      • Whether the foreign national left the country during the period of illegality and subsequently returned.
      • The speed with which the foreign national reported his/her situation to the authorities either directly or through an intermediary.
      • Any criminal conduct by the foreign national while resident in Ireland.
      • The applicant's prospect of gaining suitable employment during their temporary period of permission to remain.
      • The extent to which the applicant is able to demonstrate that they have not been an unreasonable burden on the State's resources during their period of illegal residence.

   7. Successful Applicants

      Non EEA nationals who are successful under the Scheme will be informed in writing and granted a 4 month temporary residence permission during which to apply for an employment permit. The temporary permission will be evidenced by a stamp in the applicant's passport and the issue of a certificate of registration. The 4 month temporary period will not be extended. Persons who are unable to secure employment during the temporary residence period will then be required to leave the State. If they fail to do so then they would be liable to have deportation proceedings commenced.

      Non EEA nationals who succeed in obtaining an employment permit during their temporary period of residence will then receive a Stamp 1 residence permit for twelve months and will be treated thereafter in the same way as other holders of such permissions.

   8. Unsuccessful Applicants

      Non EEA nationals who are not granted temporary residence permission by the Minister for Justice Equality and Law Reform will have no lawful reason to remain in the State and will be required to remove themselves without delay.
      

   9. Other Key Points
      • The Minister’s decision on all cases is final
      • It will be a matter for the Department of Enterprise Trade and Employment to determine whether the foreign national is to be granted a work permit and the grant of temporary residence permission under this scheme cannot be construed as offering any guarantee that a work permit will be approved.
      • No credit will be given in terms of eligibility for citizenship or long term residence for any periods of illegal presence.
      • There will be no backdating of permissions to cover past periods of illegal presence.
      • The making of an application under this scheme cannot be regarded as conferring permission to be in the State or to alter the applicant’s immigration status or employment status in any way.
      • These arrangements are made under the Executive Power of the Government and do not affect any other rights that the foreign national may have. Any concessions are made entirely on an ex gratia basis at the Minister’s discretion.
        
   10. Processing of applications

       Applications will, as far as practicable, be processed in order of receipt of completed application forms. The processing time may vary from case to case depending on the complexity of individual cases and the volume of applications received.
       
       

   11. Enquiries

       The Irish Naturalisation and Immigration Service will not be in a position to deal with telephone enquiries relating to applications lodged under this Scheme. Enquiries relating to the operation of the Scheme can be e-mailed to undocumentedscheme2009@justice.ie . Such enquiries should be titled ‘Undocumented non EEA Workers’.

        

       1 October 2009

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

   For an application form please see the Undocumented Application Form - Rev 9.pdf (PDF size 69Kb)