Immigrants in Ireland face 'insecure and discretionary' approach to permanent residency

Cork Migrant Centre unveils Black Lives Matter artwork back in July. Ireland has been ranked sixth out of 52 countries in a new report on immigrant integration policies; however, serious issues remain. File picture: Clare Keogh

Immigrants in Ireland face "insecure and discretionary" legal mechanisms when applying for permanent residency, according to a new report on immigrant integration. 

The MIPEX report was launched by the Immigrant Council of Ireland on Wednesday. Ireland was ranked sixth out of 52 countries, with 64 out of 100. 

However, the report warned that Ireland had one of the most "insecure and discretionary" approaches to family reunification and permanent residency, when compared with other countries. 

"The rights of [EU migrants] contrasts very significantly with the rights of migrants who are granted residence in Ireland under either employment permits, international study programmes, or who are granted residence permission in Ireland on an entirely discretionary basis, under various visas," said Catherine Cosgrave, managing solicitor at the Immigrant Council of Ireland's Independent Law Centre, at the launch.

She said these types of residence permissions are granted on a temporary basis for the majority of migrants, and can vary in length, from six months, 12 months, or three years.

"While it is possible for individuals to apply for a change in immigration status, it is dependent on the facts of the individual case, and unless a person is eligible to avail of automatic upgrade of residence permission, which is only possible in the case of spouses or parents of Irish citizens, it's necessary to make a written application."

Ms Cosgrave says many of these applications take 12 months to process, and applicants are not provided with any temporary residence permission while they wait. This means they cannot work until their permission is granted or varied. 

"This leaves many individuals in precarious situations for significant periods of time, not just at the outset when they're first applying for residency permission, but regularly on an ongoing basis."

The Covid pandemic has exacerbated the issue, showing the need for timely registration and renewal of residency permissions, according to Ms Cosgrave.

She said the council's Independent Law Centre had been inundated with calls from long-term residents of Ireland, who had "acute difficulties" accessing services they were entitled to, such as social welfare, due to the delay in residency permissions being granted. 

Children and dependent family members of people who are resident in Ireland under an employment permit are also experiencing insecurity.

"There is no published guidance regarding the residence permission that will be granted to children when they are required to register at the age of 16. This gives rise to a lack of transparency and inconsistency within the overall Irish immigration system."

Ms Cosgrave said she had been working with one family who was in this situation for a number of years. "Three foreign-born siblings and an Irish citizen child have each been granted different residence permission for Ireland, despite being in identical circumstances.

"One has been granted a stamp four, the same as their parents, which evidences their right to reside and access the labour market.

"One has been granted a stamp two, which is generally given to adult international students who come here for the purpose of study, and not to minors who are engaging in primary or secondary education.

"One is on a stamp three as an adult, which means they are not entitled to engage in any activity, particularly the labour market."

She said there were other children and young people who had lived in Ireland for many years in a similar situation, who were struggling to access education and employment. 

These issues are leading to migrants feeling like they have to apply for citizenship, as long-term secure residency is very difficult to obtain and many nationalities are excluded from applying, according to Ms Cosgrave.

In a statement, the Department of Justice said: "Applications for a change of immigration permission are processed as quickly as possible based on the order in which they are received. The majority of people that qualify for a higher permission due to a specific immigration scheme are upgraded at their local immigration office.

"Every immigration application is assessed individually on its own merits before a decision is made. Therefore it is not possible to say in general terms why one person will be granted a particular permission while another is granted a different permission.

"Depending on the type of immigration permission or change of status sought, it may be possible to have this decision reviewed. For example, if a person is refused a change of status at their local immigration office, they can write to the Immigration Service to seek the change of status. It is also open to any person with a valid immigration permission to make a further application at any time."