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Special scheme announced which will allow certain former students to apply for permission to remain in Ireland

Date Published: 15-10-2018

The Minister for Justice and Equality announced a new scheme, which will allow certain non-EEA nationals, who came to Ireland to study between January 2005 and December 2010, to apply for permission to remain in the State.

The scheme is open to non-EEA nationals resident in Ireland who held a valid student permission during the period of 1 January 2005 to 31 December 2010 and who have not acquired an alternative immigration permission in the intervening period.  The scheme comes into effect on 15 October and will be open for 3 months to 20 January 2019.

Eligible applicants may apply for a permission to remain in the State, including the right to reside and work in the State, which will be subject to renewal after two years.  Family reunification is not permitted under the scheme but the department stated that the family circumstances of persons present in the State will be taken into consideration.

Luximon and Balchand  v the Minister for Justice

The Department of Justice and Equality state that the scheme addresses the concerns of the Supreme Court in the recent Luximon and Balchand cases.   The Supreme Court in the cases of Luximon and Balchand  v the Minister for Justice found that the Minister is obliged to consider Article 8 rights to private and family life under the European Convention on Human Rights when considering whether to renew or vary visa status. 

For more information:

Read Department of Justice and Equality press release: Minister Flanagan announces Special Scheme allowing certain non-EEA nationals to apply for permission to remain in the State

Read more about the scheme on Irish Naturalisation and Immigration Service  

View EMN Ireland case law summary of Luximon v Minister for Justice; Balchand v Minister for Justice

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