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Mcgrath Mullan Solicitors Dublin

Undocumented Scheme to open on 31 January 2022

The Minister for Justice has announced the launch of a scheme to allow certain people who are living in Ireland without a permission to apply for a Stamp 4 residence permission.

Applications to the scheme will open on 31st January 2022, and the Scheme will close on 31st July 2022.

You will be eligible if:

– you have been living in Ireland without a permission for at least 4 years on the date the scheme opens; or

– you have been living in Ireland without a permission for at least 3 years on the date the scheme opens, if you have a dependent child who is also resident with you.

You will also need to be able to show that you are a person of good character and have not come to the adverse attention of An Garda Síochana or any other police force.

Garda Vetting will a part of the process.

Having convictions for minor infractions will not, of itself, result in disqualification.

Unlike many other immigration applications, you do not need to show that you will not be a financial burden on the State in order to qualify.

People who are in the Section 3 process (notified of an intention to deport), or who are subject to a deportation order already, will also be eligible under the scheme.

There will be an online application procedure and there will be an application fee; €550 for a single applicant and € 700 for a family application.

A separate strand to the scheme will be for people who are in the International Protection process for at least two years on the date the scheme opens, and the fee will be waived for those applicants.

The scheme will be open for a period of 6 months only, so it is worth making sure that any application that is made is made correctly. There will also be an appeals process.

How to prove you have been resident in Ireland:

Applicants should gather as much documentation as they can to evidence their residence in Ireland, especially if they don’t have “regular” proofs of residence like tenancy agreements, employment contracts or utility bills.

Items like bank statements showing withdrawals or spending in local shops, photographs, testimonials from employers or clients, may be of use in evidencing your residence.

Affidavits may also be helpful in certain circumstances.

A full list of suggested documentation to evidence residence in the State is available on the Department’s website

What if you are not successful:

We are told that there is going to be an appeals process.

As with all applications, once you have provided information on your residence in Ireland you are opening the door to further contact from the Department.

This is a once in a generation opportunity however, so if you do feel you might be entitled to apply you should investigate it. Our office would be happy to assist any prospective applicants to this scheme.

Author Bio

Eoghan McMahon

Eoghan McMahon, Partner, can assist you in all areas of immigration law, including judicial review. Please contact Eoghan if you would like assistance with any of these matters. or +353 (0) 1 873 5012

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