Immigration Residence & Protection Bill 2007 Key Provisions on Immigration & Residence Kevin O’Sullivan Irish Naturalisation and Immigration Service Department of Justice Equality and Law Reform

Contents Main Immigration & Residence Provisions Main Immigration & Residence Provisions Scope Scope Policy Considerations Policy Considerations Backdrop to Policy Statements Backdrop to Policy Statements Feedback from Consultation Process Feedback from Consultation Process Issues Arising Issues Arising Response Response Implementation Implementation

Stages of Immigration Scope of New Legislation

Immigration & Residence Provisions Immigration policy statements Immigration policy statements Ministerial discretion Ministerial discretion Lawfully in State only with Residence Permit Lawfully in State only with Residence Permit Credit Card type Document Credit Card type Document Biometric Information Biometric Information Unlawful => Leave or Be Removed Unlawful => Leave or Be Removed Statutory Provision of Visa Process Statutory Provision of Visa Process Entry into State and refusal procedures Entry into State and refusal procedures Residence permits Residence permits Long Term Residence Long Term Residence

Policy Backdrop Figures for 2006 Figures for 2006 Asylum applications – 4,314 Asylum applications – 4,314 Visas – c 100,000 Visas – c 100,000 GNIB registrations – over 140,000 GNIB registrations – over 140,000 Re-entry visas – 60,000 Re-entry visas – 60,000 Citizenship applications – over 7,000 Citizenship applications – over 7,000 Leave to remain – 9,000 Leave to remain – 9,000 EU Treaty rights cases – 2,100 EU Treaty rights cases – 2,100 C 500 Judicial Review cases C 500 Judicial Review cases

Policy Considerations Tánaiste Outlined High Level Policy Tánaiste Outlined High Level Policy Immigration System is Highly Complicated Immigration System is Highly Complicated Rapidly Changing Environment Rapidly Changing Environment Need to Respond Rapidly to Developments Need to Respond Rapidly to Developments Departmental Interaction Departmental Interaction Too complicated to deal with exclusively in Primary Legislation Too complicated to deal with exclusively in Primary Legislation Lack of Clarity for Applicants Lack of Clarity for Applicants Can’t Make Policy in a Vacuum Can’t Make Policy in a Vacuum Customer Service Issues Customer Service Issues

Some Categories British citizen British citizen EU Citizen EU Citizen Non EEA-spouse and non-EEA dependant of Irish citizen Non EEA-spouse and non-EEA dependant of Irish citizen Non EEA family member of an EU citizen Non EEA family member of an EU citizen Citizens of the EEA (Non EEA spouse/dependant Citizens of the EEA (Non EEA spouse/dependant Applicant for Refugee Statue Applicant for Refugee Statue Refugee Refugee Refugee Family member Refugee Family member Person refused Refugee Status, Person refused Refugee Status, Programme Refugee Programme Refugee Employment Permit Employment Permit Non –EEA High Skilled worker Non –EEA High Skilled worker Turkish Association Agreement Turkish Association Agreement Business Permission Business Permission Intra Company transfer Intra Company transfer Non-EEA family member of non EEA worker in the State Non-EEA family member of non EEA worker in the State Non EEA Student allowed to work Non EEA Student allowed to work Non-EEA Student not allowed to work Non-EEA Student not allowed to work Person on Working Policy Person on Working Policy Temporary Registered Doctor Temporary Registered Doctor Dependant of Registered doctor Dependant of Registered doctor Leave to remain Leave to remain IBC IBC Visitor Visitor Volunteer worker Volunteer worker Minister of Religion Minister of Religion Writer, Artist Entertainer, etc Writer, Artist Entertainer, etc Person seeking medical treatment Person seeking medical treatment

Policy Statements Novel in Irish Law Novel in Irish Law Written Written Level of Detail Will Vary Level of Detail Will Vary Binding on Staff Binding on Staff Minister Retains Discretion to Depart From Minister Retains Discretion to Depart From Not Legislation Not Legislation Laid before Oireachtas Laid before Oireachtas Published on Website Published on Website Guide Staff and Applicant Integrated Transparency Flexibility Consultation with other Depts

Some Likely Policy Statements on Immigration and Residence Classification of Groups Classification of Groups Visas Visas Entry Permits Entry Permits Family Reunification Family Reunification Long Term Residence Long Term Residence Residence Permits for Different schemes and Categories of Residence Residence Permits for Different schemes and Categories of Residence Benefits accruing for different categories of residents Benefits accruing for different categories of residents Trafficking Trafficking Ongoing Process

Issues Arising During Consultation Phase – Immigration & Residence Protection in the Same Bill as Immigration and Residence Protection in the Same Bill as Immigration and Residence Identity Documents Integration Integration Citizenship Family Reunification Family Reunification Definition of Family (Partnerships) Definition of Family (Partnerships) Marriage Provision Marriage Provision Equality & The Bill Equality & The Bill Undocumented Persons Undocumented Persons Quotas or Ceilings Ministerial Discretion Ministerial Discretion Migrant Rights Migrant Rights Trafficking Trafficking

Issues Arising During Consultation Phase – I & R (Cont’d) Grounds for Revocation or Refusal to Renew Residence Permit. Refoulement Refoulement Definition of Biometric Data Definition of Biometric Data Independent Review Body/Ombudsman Independent Review Body/Ombudsman Data Protection Issues Data Protection Issues Judicial Review Abuses Judicial Review Abuses Penalties for False Documents Penalties for False Documents Powers of Immigration Officers Powers of Immigration Officers Removal Obligation Removal Obligation Definition of “common good” Definition of “common good” Bond Guarantor Number of issues Relating to Children Number of issues Relating to Children

Implementation Work in Parallel Work in Parallel Transition Issues Transition Issues Wide Range of Schemes Wide Range of Schemes Customer Service Being Addressed Customer Service Being Addressed IT Systems IT Systems

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