Immigration Questions
Being Undocumented
Below are the most common questions we get from people who are undocumented in Ireland. Don’t take risks – if you need help, please contact us: it’s safe and private. You can also become a member of Justice for the Undocumented. Email jfu@mrci.ie for more info. Stay safe and know that you’re not alone.
Legal disclaimer
These materials have been prepared by the Migrant Rights Centre Ireland (MRCI) for information purposes only with no guarantee as to accuracy or applicability to a particular set of circumstances. The materials are not intended and should not be considered to be legal advice. The information given may change from time to time and may be out of date. The Migrant Rights Centre Ireland disclaims any legal responsibility for the content or the accuracy of the information provided. MRCI is not a practising law centre.
Is there a scheme for undocumented people to regularise their situation in Ireland?
The Regularisation Scheme 2022 opened on January 31st 2022 and closed on July 31st 2022. For more information visit mrci.ie/scheme21
Can I get a PPS number?
There is a serious risk in applying for a PPS number when undocumented. If you are thinking of doing this please contact MRCI first so we can advise you on your individual case.
Can I access healthcare?
Yes you can get healthcare and medical treatment. Check out healthconnect.ie to see what’s available in your local area. In Dublin, you can also access a free medical check up through the Capuchin Day Centre or Safetynet.
What about serious health issues?
You can access medical treatment for serious issues in hospitals in Ireland. They will request a PPS number but even if you don’t have one you should still be able to access treatment. It is very unlikely they will deny you the treatment because you don’t have a PPS number. We recommend you access the healthcare and then if there is a fee you can deal with this afterwards.
Undocumented people are generally not entitled to medical card (for free medical treatment in hospitals) but can get one on case-by-case basis e.g. if you need emergency cancer treatment or an operation. In this case you can get assistance from your attending social worker in the hospital.
Can my child attend school?
Undocumented children can access primary and secondary school free of charge. The principal will probably ask for a PPS number but they cannot deny access to your child. Please contact us if you need assistance
Can I access third level education?
To access third level education such as a university, a recognised immigration status is required.
You may be able to undertake a QQI qualification or PLC courses. Many of these courses require a PPS number to register. Some of these institutions may ask your nationality to determine the tuition fee rate.
The University of Sanctuary offers scholarships to students that are under-represented at third level education. It is worthwhile understanding the potential opportunities available.
Can I access social welfare? (eg, unemployment benefit, child benefit)
Unfortunately there is no access for undocumented people. The only exception is for an exceptional needs payment (ENP) but this is very difficult to secure and is done on a case-by-case basis. Only apply for this if absolutely necessary as you would be calling attention to your status.
If you are thinking of doing this please contact MRCI first so we can advise you on your individual case.
Can I open a bank account?
Yes you can. There is no risk involved, but they may ask for a PPS number (see above). You will need the following:
- ID
- PPS number
- Proof of address
- Utility (electricity/phone) bill in your name (you may need to get your housemate to put your name on the bill if you aren’t currently named on any bills)
Can I report a crime?
Being undocumented does not prevent you from reporting a crime. It is best to contact MRCI first and we can accompany you to do this with the minimum risk.
Some undocumented people have been asked for Garda Vetting in order to secure employment. There should be no issue or risk involved in this, the section involved will not ask for immigration status.
Can I access housing assistance or homeless accommodation?
Wherever you are in Ireland, there are a number of supports available to you Focus Ireland and Crosscare can help you. You can also find a lot of useful information on supports and a wide arrange of services all over Ireland at Citizens Information.
In Dublin, the Capuchin Centre can provide free food and a health check up. You can also access Dublin City Council Homeless Section and Central Placement Service at Parkgate Hall, 6-9 Conyngham Road, Dublin 8.
Are there other supports in my community for me and my family?
Family Resource Centres are all over Ireland and a great way to get involved in your community and avail of an array of supports, services, classes, events, etc.
If you have children, especially between the ages of 12-18, a great place for them to meet other young people are youth services and projects, find out where there’s one near you:
Can I get married here in Ireland?
All undocumented migrants can apply for a marriage licence. Yes, the form asks for immigration status but being undocumented does not prevent anyone from obtaining a marriage licence. You need a PPS number and other supporting documents (e.g. birth cert etc). Everyone will be called for an interview like everybody else where their relationship will be “assessed” as “genuine or not”. If you have a complaint in Dublin write to the Registrar www.gov.ie/en/campaigns/af7893-general-register-office/
Can I get a driving licence?
You need a PPSn to apply, however any engagement with an authority could come with a risk. Please talk to MRCI first.
How do I find a job?
We find the best way to find work is to build connections with other undocumented people. They can share information with you on safe employers and jobs available. Get involved with Justice for the Undocumented (JFU) and we can put you in touch with other undocumented people – email jfu@mrci.ie, it’s safe and confidential. Some undocumented people also risk using Gumtree and other job sites but if doing this you need to be careful with the employer and sharing your status.
What rights do I have in work?
As a worker, even if you are undocumented you still have FULL labour rights. This includes
- the right to minimum wage
- paid notice if your employment is terminated.
If you think your rights are not being met, please talk to MRCI. Make sure to record your hours of work or any incident in the workplace. There can be a danger in reporting but if you speak with us we will advise if you should do it or not.
Can I get a work permit?
We believe it is not possible to get an employment permit without an up to date immigration status. If you apply you may put yourself at risk of deportation. Please stay safe!
If you are being promised a work permit and are undocumented please come to MRCI for more information. We will explain to you the risks involved and the chances of success and you can then make up your own mind.
Am I at risk of getting deported?
There is NO SUMMARY DEPORTATION (being picked up and put in a plane) in Ireland. This means that no one can send you away from Ireland before following a legal process.
If you have come into contact with a member of An Garda Síochána (police), please read the following questions for more information, about your rights and responsibilities.
What do I do if my workplace is raided?
If you are undocumented and have been recently in contact with the Gardaí (police) following an investigation at your workplace or elsewhere, we recommend that people co-operate with Immigration Officers because failure to cooperate will have a serious impact on any future applications to residency.
Please remember the following:
- You must provide them with an address
- It is important that you reside in that address. Failure to do so can result in your future arrest.
- There is NO SUMMARY DEPORTATION (being picked up and put in a plane) in Ireland. This means that no one can send you away from Ireland before following a legal process.
- You might be put on what is called a section 14(1) notice. This requires that you live at a certain address and you report to a Garda station at a given time and date.
- We recommend you do not ignore this – remember to sign on or you will be in breach of your order. If you need assistance with amending this order (you move for example) you can speak with us about this.
What do I do a member of An Garda Síochána (police) asks to see my ID?
If you are undocumented and have been recently in contact with the Gardaí (police), for example in public or on transport, we recommend that people co-operate because failure to cooperate will have a serious impact on any future applications to residency.
- They may ask for proof of ID, including your passport or proof of residence.
- You have a right to ask what the purpose of the questioning is if outside your place of work.
- The advice is the same as the answer above. Please talk to us if this has happened to you.
- You can also find more information in this very useful document developed by INAR and ICCL: “What to do if I am stopped by a member of the Gardaí”
What do I do if I have received an intention to deport letter or Section 3?
If you are issued with an intention to deport letter from ISD and a Section 3 Form DO NOT IGNORE THIS CORRESPONDENCE. Contact your legal representative or engage a qualified lawyer. MRCI can assist you to find legal representation, contact us.
An intention to deport process gives you 3 options:
a) To consent to deportation
b) To return voluntarily to your country of origin
c) To make representation to the Minister of Justice and apply for a Leave to Remain on Humanitarian grounds (Section 3 form)
We recommend that you seek legal representation ASAP. Failure to respond to intention to deport letter and make representations within requested timeframe could lead to deportation order served against you.
Can I enter this process voluntarily?
Yes you can BUT it is very difficult to be successful and should only be a last resort. MRCI can advise on your chances of success to help you make an informed decision. It can take between 1 month and 3 years for response. You should always view and retain a copy of your application. Make sure to follow up on your application and notify INIS on any change of address/contact details.
What happens if I am refused humanitarian leave to remain from Section 3?
You will be issued with a letter stating the refusal. We do not recommend you ignore this letter or hide – we recommend you report to the Gardaí on schedule. You can apply for revocation or injunction through a solicitor. It is very hard to overturn a deportation order as this requires extensive legal work.
If you hold a deportation order and have been recently in contact with the police following an investigation at your workplace or other place, please remember the following:
- You may have been issued a deportation order in the past without your knowledge. This may be for a number of reasons; you could have failed to respond to correspondence as a result of changing your address or post not reaching you.
- Once you have been issued a deportation order, you are required to comply to certain terms – these include residing at one single address and notifying the authorities of any change. If you fail to do so, you will be categorised as evading a deportation order and be liable for arrest.
If you are arrested and detained, remember:
- that you are entitled to an interpreter and a phone call.
- You are also entitled to engage a solicitor at your own cost.
- The maximum length of detention is 8 weeks, after which if they fail to enforce your deportation they should release you.
- If you are released you should comply with the terms and conditions stipulated – namely residing at the given address and reporting upon request.
What is a section 14 Notice?
When you have come to the attention of the immigration officer and a document is given to you as a reporting mechanism. Your passport will be taken and you will be asked to report to GNIB on the date indicated in the document. Ask for help from MRCI or solicitor.
Can I go home and come back?
It is extremely high risk to leave the country and try to come back. You should only do this if completely necessary. You may be unable to re-enter the country on your return.
Assistance is available for going home permanently if experiencing financial difficulties.
Pre-Clearance
The Immigration Service have introduced a NEW PRE-CLEARANCE policy for certain categories of Non-EEA nationals who are seeking to reside in the State. Obtaining a preclearance makes the immigration process easier when you arrive at border control and when you register your immigration permission.
Legal disclaimer
These materials have been prepared by the Migrant Rights Centre Ireland (MRCI) for information purposes only with no guarantee as to accuracy or applicability to a particular set of circumstances. The materials are not intended and should not be considered to be legal advice. The information given may change from time to time and may be out of date. The Migrant Rights Centre Ireland disclaims any legal responsibility for the content or the accuracy of the information provided. MRCI is not a practising law centre.
What is pre-clearance?
Pre-clearance is when non-EEA nationals get permission to enter the State before travelling to Ireland.
Who needs pre-clearance?
Certain categories of both visa and non-visa required non-EEA nationals can apply for pre-clearance before entering Ireland, depending on the purpose of your visit.
Who can apply for pre-clearance?
Currently the pre-clearance policy applies to certain categories of applicants: Lay Volunteer, Minister of Religion, De Facto Partner of a Critical Skills Employment Permit Holder, or of a Non-EEA Researcher on a Hosting Agreement, and De Facto Partner of an Irish National.
How can I apply?
You need to complete a pre-clearance form (follow the links above) and pay a fee of €100 for each application.
How will I know if my application is approved?
You will be issued with a pre-clearance letter which is valid for 6 months. You will need to submit a new application if you do no not use it in time. If you are a visa-required national and have received the pre-clearance letter, you need to apply for a visa online before coming to Ireland.
How will I know if my application is refused?
You will receive a letter of refusal outlining the reasons in writing.
How can I make an appeal?
You will have a chance to make an appeal of this decision within 6 weeks from the date of the letter and the appeal process is free of charge. DO NOT ATTEMPT to come to Ireland without pre-clearance letter (and a visa if applicable) as you will not be allowed into the country.
Where will I present this pre-clearance letter?
You will show the original valid pre-clearance letter (together with a visa if applicable) to the immigration officer at the border upon arrival in Ireland.
However, your preclearance letter and visa does not guarantee your entry in the State.
If successful, you will be given permission to enter which allows you to stay for a maximum of 3 months.
Important note
If you are a non-EEA national in Ireland and will stay longer than 3 months, you must register at the Burgh Quay Registration Office if you live in Dublin and at your regional registration office or local Garda office if you are from outside Dublin.
Online Registration Renewal
The Minister for Justice and Equality has introduced a new online immigration registration renewal system for all non-EU/EAA nationals based in Dublin. This scheme applies to all non-EEA nationals who have previously registered with Immigration Service Delivery (ISD) will be able to renew their IRP cards through an online application system.
Note: If you qualify for online renewal you can no longer present in person, so you must apply under the new scheme.
Legal disclaimer
These materials have been prepared by the Migrant Rights Centre Ireland (MRCI) for information purposes only with no guarantee as to accuracy or applicability to a particular set of circumstances. The materials are not intended and should not be considered to be legal advice. The information given may change from time to time and may be out of date. The Migrant Rights Centre Ireland disclaims any legal responsibility for the content or the accuracy of the information provided. MRCI is not a practising law centre.
Who can apply for this service?
This scheme applies to ALL non-EEA nationals residing in Dublin, who have previously registered with Immigration Service Delivery (ISD).
However, all non-EEA nationals should follow the prescribed renewal process as outlined on your permission letter. If you are unsure of how to renew, please contact a caseworker.
How can I submit my application?
You will need to complete the online form, upload the required documents and pay the registration fee. You are no longer required to submit your passport to be stamped.
Please note, you will only be permitted to renew using the online renewal system, if you are within one month of the expiry date of your current IRP card.
How much do I need to pay?
You must pay the standard fee of €300 online. There is no extra charge.
How can I change/ upgrade my immigration status?
If you are in the State on a valid permission, and satisfy the conditions of a different stamp, or a different category of stamp, you can use the online form to change/ upgrade your status. This could include moving from a Stamp 2 student permission to a Stamp 4 Spouse of an Irish national, following marriage to an Irish national. You will need to complete the online renewal system, select the Stamp you wish to move to, and upload the required documents of the stamp you wish to move to.
العربية
https://www.youtube.com/watch?v=hatvz7QWp-s&t=12s – التسجيل للحصول على تصريح للإقامة في أيرلندا لأولئك الذين يعيشون في دبلن
https://www.youtube.com/watch?v=rzHz2RIFrLM – (تجديد تصريح الإقامة الخاص بك للبقاء في أيرلندا عبر الإنترنت (دبلن فقط
https://www.youtube.com/watch?v=ybhxQrimfGg – التسجيل للحصول على تصريح للإقامة في أيرلندا لأولئك الذين يعيشون خارج دبلن
https://www.youtube.com/watch?v=if19e1j2JpI&t=1s – دليل المصطلحات والعبارات الخاصة بالهجرة الأيرلندية
English
Registering to remain in Ireland (if living in Dublin) – https://www.youtube.com/watch?v=c7RHcS84ScA
Renewing your permission to remain in Ireland (if living in Dublin) – https://www.youtube.com/watch?v=04kc40RULEk
Registering and renewing your permission to stay in Ireland (if living outside of Dublin) – https://www.youtube.com/watch?v=HTqOp-SzP50
Guide to Irish immigration terms and phrases – https://www.youtube.com/watch?v=gQaXJX_8xCY
हिंदी
डबलिन में रहने वालों के लिए आयरलैंड में रहने की अनुमति के लिए पंजीकरण – https://www.youtube.com/watch?v=wdl7bvFCbBQ
आयरलैंड में रहने के लिए अपने परमिट को ऑनलाइन नवीनीकृत करना – https://www.youtube.com/watch?v=0B2IzorEiQo
डबलिन के बाहर रहने वालों के लिए आयरलैंड में रहने की अनुमति का पंजीकरण और नवीनीकरण – https://www.youtube.com/watch?v=AE-BuslXXKU
आयरिश इमिग्रेशन शर्तों और वाक्यांशों के लिए मार्गदर्शिका – https://www.youtube.com/watch?v=Geoh0HXarcU&t=2s
普通话
登记在都柏林生活的爱尔兰居留许可 – https://www.youtube.com/watch?v=kHPzNYsspHM
爱尔兰居留许可证网上续期(仅限都柏林) – https://www.youtube.com/watch?v=UWothRpbgC0
爱尔兰都柏林以外地区的居留许可登记和续期 – https://www.youtube.com/watch?v=JAs-pdm0Pco
爱尔兰移民词汇与用语指南 – https://www.youtube.com/watch?v=QFEQApOIGYk&t=23s
Português
Registo para autorização de permanência na Irlanda para quem vive em Dublin – https://www.youtube.com/watch?v=tP2H5t3ukiQ
Renovação online da sua autorização para permanecer na Irlanda para os que se encontram em Dublin – https://www.youtube.com/watch?v=XcCDGjLFk5w
Registo e renovação da autorização de permanencia na Irlanda para os que vivem fora de Dublin – https://www.youtube.com/watch?v=AdQuXwIgYjM
Guia de termos e frases sobre imigração irlandesa – https://www.youtube.com/watch?v=Bl5ywJ6gtao
Ру́сский
Регистрация для получения разрешения на пребывание в Ирландии для тех, кто живет в Дублине – https://www.youtube.com/watch?v=uNMKNizAO2k
Продление разрешения на пребывание в Ирландии онлайн (ТОЛЬКО для тех, кто находится в Дублине) – https://www.youtube.com/watch?v=P3WRpyge-rI&t=1s
Регистрация и продление разрешения на пребывание в Ирландии для тех, кто живет за пределами Дублина – https://www.youtube.com/watch?v=FgqmtBbKlNw
Гид по условиям и терминологии для иммиграции в Ирландию – https://www.youtube.com/watch?v=t6DgUnL9Zok
Español
Inscripción de los residentes en Dublín para solicitar el permiso de estancia en Irlanda – https://www.youtube.com/watch?v=m5lj4Xiar5k
Renovación en línea del permiso de estancia en Irlanda (ÚNICAMENTE para los residentes en Dublín) – https://www.youtube.com/watch?v=hYcl6LyNIDQ
Registro y renovación del permiso de estancia en Irlanda para residentes fuera de Dublín – https://www.youtube.com/watch?v=FsOVO3NLzro
Guía de términos y frases relativos a la inmigración en Irlanda – https://www.youtube.com/watch?v=yqKDzviKGJs