Ahern Launches New Work Scheme for Foreign Nationals

The Minister for Justice, Equality and Law Reform, Mr Dermot Ahern T.D., has announced that the Government has approved a Scheme for foreign nationals who have become undocumented through no fault of their own after previously holding a work permit.

The Government's intention to introduce a scheme for this category of migrants had been signalled in the "Towards 2016, Review and Transitional Agreement 2008-2009".

The full details of the Scheme will be announced shortly by the Department and it is expected that the Scheme will open for applications from October 1, 2009 up to the end of the year.  

The main purpose of the Scheme, which is on an ex gratia basis, is to provide a facility whereby undocumented non-EEA nationals, who can show that their undocumented status is through no fault of their own, can obtain a temporary immigration permission of 4 months within which to seek legitimate employment, or if they are already employed, within which to obtain an employment permit from the Department of Enterprise Trade and Employment.

The scheme is not in any sense a regularisation. Each case is assessed on its merits and the temporary permission (which has been referred to by some as a "bridging visa") is only given where the applicant can satisfy the authorities as to the merits of their application.

The scheme does not apply to any other categories of undocumented migrant (e.g. those who entered the State illegally or overstayed their visa).     

Announcing the Scheme, Minister Ahern said: "It is very important that foreign nationals who are in Ireland and working here do so legally at all times.

"However, I am aware that there will be a small minority of cases where it is clear from the evidence that the reason for the individual becoming undocumented is not the fault of the migrant but of the employer. 

"Where migrant workers have not been treated fairly by their employer and this has been the cause of their undocumented status it is appropriate that we give them the chance to put things right."    

The scheme will not be retrospective (i.e. it will not confer legitimacy on past periods of illegal presence or work).

It will not apply to persons made redundant because of the economic downturn or whose contract of employment has otherwise come to a natural end.

The Minister recently announced separate arrangements to deal with redundancy of migrant workers.