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New Scheme Enables Undocumented Non-EU Former Students to Live in Ireland

October 2018, 15
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The Ireland Government is launching a scheme that will give a pathway for “undocumented” non-EU citizens residing in Ireland. The test scheme is opened from now by the Naturalization of Ireland and Immigration Service and continues for three months.

The plan is open to non-EU citizens who arrived in Ireland to study within Jan 2005 and Dec 2010 but who continue here and have no permission of immigration.

New Path that Supports Non-EU Former Students


The path is simply open to individuals who presently reside in the State, so individuals who arrived in Ireland below the above requirements but who consequently left not able to apply. The Justice Department says that the plan addresses the matters proposed by the Supreme Court in the cases of Luximon and Balchand.

These two cases included two Mauritians who had landed in Ireland 11 years before below student visas. The Supreme Court stated they were self-supporting and saw Ireland as their residence country.

The court directed that the Justice Minister need to take account of an individual’s private life in specific immigration cases, declaring any decision made without doing so illegal.

The department states that this current scheme gives a pathway for individuals in such cases to continue here and have their status of immigration normalized.

Strong applicants below the scheme will get permission to reside and work in the State for a tenure of two years, which can later be extended for a more year if the candidate proves they are self-efficient.

It is also misleading the system does not encourage candidates with dependent members of the family that they can stay. By only providing that family members are living with strong applicants ‘may’ also be permitted to continue, it offers a new level of anxiety for those who’ve previously had years of fear and worry.

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