An Bille um Imircigh do Ghnth Stdas Rialta, 2015

Migrant Earned Regularisation Bill 2015

Mar a tionscnaodh
As initiated

[No. 16.2 of 2015]

AN BILLE UM IMIRCIGH DO GHNTH STDAS RIALTA, 2015

MIGRANT EARNED REGULARISATION BILL 2015
Mar a tionscnaodh
As initiated

CONTENTS
Section
1. Short title and commencement

2. Interpretation
3. Establishment of Earned Regularisation Scheme
4. Commencement of Earned Regularisation Scheme
5. Regulations
6. Application to Scheme
7. Admission to Scheme
8. Refusal of Admission
9. Earned Regularisation Permission
10. Annual Renewal
11. Accrual of Credits
12. Exclusion from Scheme
13. Completion of Scheme
14. Appeals

[No. 16.2 of 2015]

ACTS REFERRED TO
Immigration Act 2004 (No. 1)

AN BILLE UM IMIRCIGH DO GHNTH STDAS RIALTA, 2015

MIGRANT EARNED REGULARISATION BILL 2015

Bill
entitled

An Act to provide for the establishment of a scheme to enable certain foreign nationals
whose presence within the State is other than in accordance with a permission granted
by or on behalf of the Minister to apply for and earn permission to remain within the
State; to manage the implementation of such scheme, and to provide for matters
connected therewith.

Be it enacted by the Oireachtas as follows:

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Short title and commencement

1.

(1) This Act may be cited as the Migrant Earned Regularisation Act 2015.
(2) This Act shall come into operation on such day or days as the Minister may appoint
by order or orders either generally or with reference to any particular purpose or
provision and different days may be so appointed for different purposes or provisions.

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Interpretation
2.

In this Act
admission application shall be construed in accordance with section 6(1);
appeal shall be construed in accordance with section 14;
applicant shall be construed in accordance with section 6(2);

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application period shall be construed in accordance with section 6(3);

completion application shall be construed in accordance with section 13(1);
credit system shall be construed in accordance with section 11(2);
credits shall be construed in accordance with section 11(1);
earned regularisation scheme shall be construed in accordance with section 3(1);
earned regularisation permission shall be construed in accordance with section 9(1);
earned regularisation regulations shall be construed in accordance with section 5(2);
Earned Regularisation scheme commencement date shall be construed in
accordance with section 4(1);
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Earned Regularisation Scheme Commencement Order shall be construed in

accordance with section 4(1);
levy shall be construed in accordance with section 6(5) and shall refer to an
application fee, fees will only be used to offset the provision of the service;
participant shall be construed in accordance with section 9(2);

reckonable credits shall be construed in accordance with sections 11(2);

renewal application shall be construed in accordance with section 10(2);
scheme completion certificate shall be construed in accordance with section 13(4).
Establishment of Earned Regularisation Scheme
3.

(1) The Minister shall provide for the establishment of a scheme, for the purposes of
permitting non-European Economic Area (EEA) nationals, whose presence in the
State is other that in accordance with a permission granted by or on behalf of the
Minister, whether in accordance with section 5 of the Immigration Act 2004 or
otherwise, to make application to the Minister to acquire permission to be lawfully
present in the State.

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(2) Any scheme established under subsection (1) shall be referred to as an Earned
Regularisation Scheme for the purposes of this Act.
(3) An Earned Regularisation Scheme shall include the terms and conditions applicable to
the scheme.
(4) Without prejudice to the generality of subsection (1), an Earned Regularisation
Scheme shall provide for all or any of the following matters:

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(a) the duration of any Earned Regularisation Scheme and time limits for any
applications thereunder;
(b) procedures and forms for any admission application, renewal application or
completion application provided for under this Part;

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(c) payment of a levy as a condition of admission to an Earned Regularisation

Scheme;
(d) the payment of a fee for renewal applications or completion applications;
(e) appropriate evidence of identity for admission application, renewal application or
completion application provided for under this Part;

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(f) conditions relating to the extent to which participants in an earned regularisation

scheme may have access to social welfare and medical benefits;
(g) conditions relating to the extent to which participants may enjoy family
reunification in the State;
(h) a system of credits and criteria for the accrual and/or deduction of reckonable
credits for the purposes assessing successful completion of an earned
regularisation scheme;
(i) appropriate evidence for the purposes of vouching accrued credits;

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(j) the form and procedure for any appeals under this Part;
(k) such further or other matters as may be necessary to provide for the effective
operation of the scheme.
(5) The Minister shall cause an Earned Regularisation Scheme to be laid before each
House of the Oireachtas as soon as may be after it is made, and in any event not more
than 12 months after the commencement of this Act.

(6) An Earned Regularisation Scheme may be amended or revoked or replaced by a

subsequent scheme prepared, furnished and approved under this section.
Commencement of Earned Regularisation Scheme
4.

(1) The Minister shall by Order (referred to as a Earned Regularisation Scheme

Commencement Order) appoint a date on which the Earned Regularisation Scheme
will commence (referred to as the Earned Regularisation Scheme Commencement
Date) not less than 90 days prior to the Earned Regularisation Scheme
Commencement Date.

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(2) Every Earned Regularisation Scheme Commencement Order shall be published in Iris
Oifigiil and in at least two daily newspapers with a national circulation as soon as
may be after it is made.

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Regulations
5.

(1) The Minister may make regulations for the purposes of providing for the orderly
regulation and operation of an Earned Regularisation Scheme.

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(2) Regulations made under subsection (1) may be referred to as Earned Regularisation
Regulations for the purposes of this Act.
(3) Without prejudice to the generality of subsection (1) regulations under this section
may provide for any or all of the matters referred to in section 3(4).
Application to Scheme
6.

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(1) A non-EEA national may submit an application for admission to an Earned

Regularisation Scheme (referred to in this Act as an admission application);
(2) A non-EEA national submitting an application in accordance with subsection (1) shall
be referred to as an applicant for the purposes of this Act.
(3) Admission applications must be made within 6 months of the Earned Regularisation
Scheme Commencement Date (referred to as the Application Period).

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(4) The Minister may in his discretion extend the Application Period for a particular
applicant by a further 6 months in exceptional circumstances.
(5) The Minister may, for the purposes of this section prescribe regulations in accordance
with section 4 requiring
(a) an applicant to pay a levy as a condition of admission to an Earned
Regularisation Scheme by way of lump sum or annual instalments,
(b) an applicant to provide satisfactory evidence of identity and if necessary to
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present in person at a prescribed location, for the purposes of an admission

application,
(c) an applicant to provide satisfactory evidence for the purposes of satisfying the
requirements of section 7(1).
Admission to Scheme
7.

(1) Upon receipt of an admission application, the Minister shall, subject to section 8,
admit an applicant to an Earned Regularisation Scheme if satisfied
(a) the applicant has been present in the State for a minimum continuous period of
not less than 24 months immediately preceding the commencement of an Earned
Regularisation Scheme,

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(b) the applicant is not at the date of submission of an application, nor has been at
any time during the period of 12 months preceding the commencement of the
Earned Regularisation Scheme, in possession of a valid permission to be present
in the State,
(c) the application has been submitted within the time provided for under section
6(3) or as may be extended in accordance with section 6(4),

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(d) the applicant has complied with any requirements as may be prescribed by
regulation in accordance with section 6(5),
(e) there are no circumstances justifying refusal in accordance with section 8.
(2) Any single period of absence from the State of less than 30 days duration or any
aggregate period of absence of less than 60 days duration during the 24 months
immediately preceding the commencement of an Earned Regularisation Scheme shall
be disregarded for the purposes of establishing compliance with subsection 1(a).
(3) The Minister may in his discretion waive non-compliance with any or all of the
criteria specified in subsection (1) and admit a person to an Earned Regularisation
Scheme where the Minister deems it just an equitable.

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Refusal of Admission
8.

(1) The Minister may refuse to admit an applicant to an earned regularisation scheme if
(a) the applicant has been convicted in the State of a criminal offence punishable by
a maximum term of imprisonment greater than 5 years, or of a criminal offence
for which a term of imprisonment of more than 12 months has been imposed, or

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(b) the applicant has been convicted of an offence outside the State that, if committed
in the State would constitute a criminal offence punishable by a maximum term
of imprisonment of greater than five years, or
(c) the applicants presence in the State would be a risk to national security, public
security, public health or public order or be contrary to public policy (ordre
public),
(d) information provided by the Applicant in the course of an application is false,
incomplete or misleading in a material respect.
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(2) In considering whether to refuse to admit an applicant under subsection (1) the
Minister may in his discretion disregard the use by an applicant of a false document or
instrument for the purposes of gaining entry to the State by that applicant, whether or
not such use constitutes an offence.
Earned Regularisation Permission
9.

(1) An applicant who has been admitted to an earned regularisation scheme in accordance
with section 7(1) shall be issued with a permission (referred to as an earned
regularisation permission or an ER permission.)
(2) An applicant who has been admitted to an earned regularisation scheme in accordance
with section 7(1) shall be referred to as a participant.

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(3) An earned regularisation permission shall be valid for a period of 12 months and shall
be renewable annually in accordance with section 10.
(4) An earned regularisation permission shall entitle a participant for so long as that
permission remains in force to
(a) reside within the State,

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(b) enter employment and to engage for gain in any business, trade or profession and
to engage in a co urse of education, training, apprenticeship or study in the State,
(c) be issued with temporary, renewable travel documents and to travel to and from
the State providing that they shall not be absent from the state for any continuous
period in excess of 45 days and any aggregate periods in excess of 60 days in any
12 month period,

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(d) equivalent medical care and services and social welfare benefits as those which a
citizen of the European Economic Area is entitled.
Annual Renewal
10. (1) A participant to whom an earned regularisation permission has been granted shall be
entitled to apply for its renewal.

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(2) An application for renewal of an earned regularisation permission (referred to as a

renewal application for the purposes of this Part) shall, subject to subsections (3)
and (4) and any regulations made under section 5, be
(a) made by the participant, not later than 21 days before the permission expires, in
person at his or her relevant immigration area office, and

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(b) accompanied by
(i) the most recently issued earned regularisation permission held by the
applicant,
(ii) such administrative fee (if any) as may be prescribed,
(iii) details in such form as may be prescribed of any credits within the meaning
of section 11 accrued during the preceding 12 months period.
(3) The Minister shall, subject to subsection (4) and section 12, renew an earned
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regularisation permission where he or she is satisfied the application complies with

subsection (2).
(4) An earned regularisation permission may be renewed annually subject to a maximum
of four successive renewals or in accordance with subsection (5).
(5) The Minister may in his discretion renew an earned regularisation permission beyond
the period provided for subsection (4) in exceptional circumstances for one further
period of 12 months, or for the period of any deferral as provided for in section 13(7).
(6) The Minister is not obliged to consider an application to renew a participation permit
that is not made within the period referred to in subsection (2)(a) but, in deciding in
his discretion whether to consider such an application, shall have regard to any reason
given or known to him or her as to why the application was not made within that
period.

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Accrual of Credits
11. (1) A participant shall be required to accrue a minimum number of credits as may be
stipulated in accordance with regulations under section 5 for the purposes of
successfully completing an earned regularisation scheme in accordance with section
13(2).

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(2) The Minister shall provide by regulations in accordance with section 5 for
(a) the establishment of a system of credits (referred as a credit system for the
purposes of this Part) for the purposes of successfully completing an earned
regularisation scheme in accordance with section 13(4),

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(b) criteria for a participant to accrue credits (referred to as reckonable credits in

this Part) for the credit system in accordance with subsection (3),
(c) criteria for the deduction of reckonable credits in accordance with subsection (4),
(d) appropriate evidence for the purposes of vouching reckonable credits.

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(3) A credit system shall provide for accrual of reckonable credits under the following
categories (referred to in this part as a credit category):
(a) economic integration credits;
(b) social and tax credits;
(c) family integration credits

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(d) social and educational integration credits;

(e) continuous residency credits;
(f) English/Irish language competency credits.
(4) A credit system may provide for
(a) a maximum number of reckonable credits for any particular credit category, and
(b) a maximum number of reckonable credits which may be accrued in any 12 month
period in respect of any particular credit category,
(c) credits in respect of certain credit categories to be reckonable only in the
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alternative and not cumulatively.

(5) A credit system shall provide for deduction of reckonable credits for unlawful conduct
and in particular the following matters:
(a) conduct resulting in the application of section 1(1) of the Probation of Offenders
Act 1908;

(b) conviction for a summary criminal offence;

(c) conviction for an indictable offence.
(6) The period during which an earned regularisation permission is in force together with
the period of 24 months preceding a participants admission to an earned
regularisation scheme shall be the requisite period for the purposes of accumulating
and calculating reckonable credits.

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(7) The Minister in providing for the accrual of reckonable credits for respective credit
categories shall have regard, inter alia, to the following factors:
(a) economic integration credits may be accrued in respect of full-time and part-time
employment, and self-employed work;

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(b) social and tax credits may be accrued in respect of income tax or universal social
charge contributions or stamp duty payments or prsi contributions;
(c) family integration credits may be accrued in respect of a parent caring for a child
or other dependent relative or suffering from a disability entitling them to receipt
of disability benefit and not working outside the home;

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(d) social and educational integration credits may be accrued for

(i) the successful completion of a certificate or qualification or degree awarded
by one or other of the State Examinations Commission; FETAC; HETAC;
and Institute of Technology and/or University in accordance with the
National Framework of Qualifications,

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(ii) demonstrated substantial involvement for a period of upwards of two years in

a registered charity, a sports club or sporting organisation; a religious
community; or a voluntary organisations or political party;
(e) continuous residency credits may be accrued by demonstrating continuous
residence in the State for each year of the earned regularisation scheme;

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(f) English/Irish language competency credits may be accrued for completion of a

recognised ESOL or FETAC English/Irish language course of education and for a
certificate of English or Irish language fluency in such form as may be
prescribed.
Exclusion from Scheme

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12. (1) The Minister may, at any time, terminate a participants participation in an earned
regularisation scheme or revoke an earned regularisation permission in the event
(a) a participant has been convicted in the State of a criminal offence punishable by a
maximum term of imprisonment greater than 5 years, or of a criminal offence for
which a term of imprisonment of more than 12 months has been imposed, or
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(b) a participant has been convicted of an offence outside the State that, if committed
in the State would constitute a criminal offence punishable by a maximum term
of imprisonment of greater than five years.
(2) The Minister may terminate a participants participation in an earned regularisation
scheme in the event he/she fails to submit an application for renewal in accordance
with section 10 within a period of 90 days from the date on which the most recent
earned regularisation permission expires.
(3) The Minister may terminate a participants participation in an earned regularisation
scheme or revoke an earned regularisation permission if information provided in the
course of an admission application, a renewal application or a completion application
is false in a material respect.

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Completion of Scheme
13. (1) A participant shall submit an application for the purposes of completing the scheme
(referred to in this Part as a completion application).
(2) A completion application may be required to be in such form as may be prescribed by
regulations under section 5.

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(3) A completion application shall be accompanied by (and shall be regarded as

including):
(a) the participants most recent earned regularisation permission;
(b) such evidence of reckonable credits as may be prescribed in accordance with
section 11(2);

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(c) such fee (if any) as may be prescribed;

(d) such evidence of identity as may be prescribed.
(4) Upon receipt of a completion application the Minister shall, subject to subsections (4)
and (7) and section 12, declare a participant to have successfully completed the
Earned Regularisation Scheme providing that the Minister is satisfied

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(a) the participant has obtained the requisite number of reckonable credits as
provided for in section 11(1) and any regulations in accordance with section
11(2); and
(b) the participant has a minimum level level of English or Irish language
competency and the Minister shall provide by way of regulation for such
certificates and qualifications as shall be recognised as evidencing sufficient
competency for the purposes of this subsection; and

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(c) as to the identity of the participant.

(5) The Minister may stipulate that participant shall attend in person at a particular
location for the purposes of interview in order to satisfy the Minister of compliance
with subsections 3(i) to (iii).
(6) A person declared to have successfully completed the Scheme in accordance with
section 13(3) shall be issued with a scheme completion certificate (scheme
completion certificate) and shall be entitled to a long term residency permission.
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(7) If, in the opinion of the Minister, a participant has failed to accumulate the requisite
number of reckonable credits within the requisite period the Minister shall make a
determination that the participant has not successfully completed the Scheme and his
participation in the Earned Regularisation Scheme will automatically terminate.
(8) If the Minister determines that a participant has not successfully completed the earned
regularisation scheme the participants permission to lawfully reside within the state
will lapse upon the later date of

(a) 90 days from the date of a determination in accordance with subsection (4),
(b) 30 days from the determination of any appeal in accordance with section 14.
(c) the date upon which that participants earned regularisation permission expires.

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(9) The Minister may defer the making of a declaration in accordance with subsection
(3)(referred to as a deferral in this Part) if subsequent to admission to the scheme
(a) a participant has been charged with a criminal offence punishable by a maximum
term of imprisonment greater than 5 years and has not yet been tried, or
(b) a Garda not below the rank of chief superintendent issues a certificate for the
purposes of this subsection that a participant is the subject of an on-going Garda
investigation in relation to an offence punishable by a maximum term of
imprisonment greater than 5 years (referred to as a deferral certificate in this
Part).

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(10) Where a deferral certificate is issued in accordance with subsection (7)(b) and no
charges are brought within a period of 12 months from the date of first certification
such deferral certificate shall expire.

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(11) Any deferral may be for a period of the later of

(a) 24 months from the date of first deferral,
(b) the conclusion of any criminal trial subsequent to any charges brought in
accordance with subsection 7(a),

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(c) the date on which any certificate in accordance with subsection 7(b) expires.
Appeals
14. (1) An applicant or participant may appeal
(a) a refusal of admission to an Earned Regularisation Scheme in accordance with
section 7,

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(b) a decision to exclude a participant or a person from or to terminate a participants

participation in an Earned Regularisation Scheme in accordance with section 12,
(c) a determination that a participant has not successfully completed the scheme in
accordance with section 13(7),
(d) a deferral in accordance with section 13(9).
(2) An appeal provided for in subsection (1) shall be brought by notice in writing within
21 days of the date of a refusal, a decision, a determination or a deferral and shall be
accompanied by a statement of the grounds of appeal.
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(3) Appeal shall be heard by an adjudicator appointed by the Minister;

(4) An adjudicator shall be an officer of the Minister who
(a) is not the person who made the original decision,
(b) is of a grade senior to the person who made the original decision.
(5) Appeals shall be conducted by way of written submissions, save that the Minister or
the adjudicator may in his/her discretion direct that an oral hearing is necessary.

(6) An adjudicator, may prior to determining an appeal make or cause to be made such
inquiries as he or she considers appropriate.
(7) In determining an appeal, an adjudicator shall have regard to all information that the
adjudicator considers relevant.
(8) The Minister may provide by way of regulation for the form and procedure of appeals.

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13

An Bille um Imircigh do Ghnth Stdas

Rialta, 2015

BILLE
(mar a tionscnaodh)

Migrant Earned Regularisation Bill 2015

BILL
(as initiated)
entitled

d ngairtear

Acht do dhanamh socr maidir le scim a bhun An Act to provide for the establishment of a scheme
to enable certain foreign nationals whose
dfhonn a chumas do nisinaigh eachtracha
presence within the State is other than in
irithe, at sa Stt seachas de rir cead arna
accordance with a permission granted by or on
dheon ag an Aire n thar ceann an Aire,
behalf of the Minister to apply for and earn
iarratas a dhanamh ar chead, agus cead a
permission to remain within the State; to
ghnth, chun fanacht sa Stt; do dhanamh
manage the implementation of such scheme, and
bainisti ar chur i ngnomh na scime sin, agus
to provide for matters connected therewith.
do dhanamh socr i dtaobh nithe a bhaineann
leis an mid sin.

An Teachta Niall Coilein a thug isteach,

Introduced by Deputy Niall Collins,

3 Mrta, 2015

3rd March, 2015