Far-reaching proposals for the long-awaited overhaul of immigration law have been put forward by the Government for public discussion in the coming months. This will be followed by a new Immigration and Residence Bill later this year, writes Carol Coulter, Legal Affairs Correspondent.
The proposals are contained in a detailed discussion document published by Minister for Justice Michael McDowell yesterday.
They are designed to respond to the increase in the number of immigrants coming to Ireland. More than 100,000 people from outside the European Economic Area - comprising the EU and certain other countries - have come here to work during the last five years, along with substantial numbers of EU workers.
The 2002 Programme for Government promised new legislation to address the issue.
The new proposals stop short of providing for a "green card" system for non-EU workers in Ireland. Instead they suggest framework legislation that would allow the Minister to "prescribe schemes for admission to the State for a range of purposes", including work and study. These schemes could be regulated in various ways, including quotas and a points scheme.
The document proposes a new system of residence permits for non-EEA nationals which should contain biometric features, such as fingerprints. Once a person has such a permit they should be able to leave and re-enter the State without reapplying for a visa.
A new visa system, where the purpose of the visa would be spelled out, is proposed, along with provision for giving priority to certain types of applicants. There are also a number of proposals aimed at improving the efficiency of the visa system, including computerisation and the sharing of data with EU partners.
The existing system of separate work and residence permits, based on applications from employers, has been widely criticised as cumbersome and insufficiently flexible. There have been allegations that it has allowed for the exploitation of migrant workers.
There have also been a number of problems involving the relatives of people already legally in Ireland being refused permission to visit for events like the birth of a child. The issue of spouses and children joining migrant workers here has also been controversial, and all these issues are addressed in the discussion document.
It is not proposed to alter the situation where a visa only entitles a person to present themselves at the border, with a final decision on entry to the State in the hands of an immigration officer.
The document proposes that legislation should provide for immigration officers to request biometric data from people seeking entry to the State. However, the officers should operate on the basis of clear guidelines laid down in legislation, and there should be provision for the appeal of visa refusals and refusals to enter in certain circumstances.
The document proposes that migration for family reunification, mainly involving spouses and dependent children, should be provided for in a transparent fashion. Non-marital relationships should also be considered for reunification, in line with Irish equality law, and there should be consideration of circumstances like the death of the head of a household, marriage breakdown and domestic violence.
A distinction is drawn between entry to the State for a short term of up to three months, typically for recreational purposes, which should remain easy, and longer-term entry for work, study or family reunification. In relation to work, the document states "there is no single best solution", and it suggests that the Minister for Enterprise, Trade and Employment be empowered to set out in secondary legislation schemes for economic migration.
It proposes both a permanent migration system, where people would be selected as potential future citizens as well as workers, and a fast-track scheme of temporary skilled labour migration, based on sponsorship by employers. The new legislation also envisages economic migration for the purposes of setting up businesses.
The document says the new legislation should look at better regulation of organisations offering educational courses to foreign students, as well as streamlining the handling of applications from well-established educational institutions. There should also be provision for the migration of people wishing to retire to Ireland.