Illegal Immigrants/Residency

TheBouldMowgli

I have a friend who is from sth America and moved here approx 8 yrs ago without executing any paperwork which would allow her to stay legally. Approx 4 yrs ago her daughter joined her here and has been in school here. Mother works for cash in order to support themselves.

She would like her legality to be recognised because of the fact they enjoy it in Ireland(obviously not all bad here!!).

Having researched the area online it appears that she has to make herself known to the authorities.

I see what steps have to be done and various criteria she will be measured against.

However I was wondering has anyone any advice on illegal immigrants coming forward seeking residency? Basically what is the attitude of the authorities, as I don't want her to do the right thing and then get sent home.

You might say to consult a solicitor, but they can only tell the law and procedures to be followed. To cover themselves they wud hav to say step forward, just wondering the implications of this though.

Any advice would be much appreciated!

blueythebear

TheBouldMowgli wrote: »

I have a friend who is from sth America and moved here approx 8 yrs ago without executing any paperwork which would allow her to stay legally. Approx 4 yrs ago her daughter joined her here and has been in school here. Mother works for cash in order to support themselves.

She would like her legality to be recognised because of the fact they enjoy it in Ireland(obviously not all bad here!!).

Having researched the area online it appears that she has to make herself known to the authorities.

I see what steps have to be done and various criteria she will be measured against.

However I was wondering has anyone any advice on illegal immigrants coming forward seeking residency? Basically what is the attitude of the authorities, as I don't want her to do the right thing and then get sent home.

You might say to consult a solicitor, but they can only tell the law and procedures to be followed. To cover themselves they wud hav to say step forward, just wondering the implications of this though.

Any advice would be much appreciated!

The obvious answer is to go to a solicitor, one that specialises in immigration. Ideally, the thing to do is to have the solicitor write to the Immigration Services explaining the situation. What will normally happen is that the Minister for Justice will issue a Notice of Intention to Deport setting out her options. One of these will be to make an application for what's commonly known as humanitarian leave to remain. Solicitor will set out all of the reasons why you should be permitted to stay including but not limited to the factors referred to in S3 (6) of the Immigration Act 1999.

Unfortunately, in the current climate, it is very difficult to tell what the outcome will be, especially without a full picture of the facts (which I don't suggest you post here!). The application will probably take the guts of 18 months (although the outcome of the election may affect this, most likely causing a further delay). Personally, I'd recommend she resolves her status as if she loses her job (which could easily happen) she will not be entitled to any assistance from the State. Also, her daughter will have issues in the future in accessing education and employment, etc.

Dandelion6

She should visit the Immigrant Council or Migrant Rights Centre. They deal with these issues all the time. Ultimately she may need to pay for a solicitor but her initial consultation with them will be free.

TheBouldMowgli

Thanks for replies folks, v. Informative

bernyh

TheBouldMowgli wrote: »

I have a friend who is from sth America and moved here approx 8 yrs ago without executing any paperwork which would allow her to stay legally. Approx 4 yrs ago her daughter joined her here and has been in school here. Mother works for cash in order to support themselves.

She would like her legality to be recognised because of the fact they enjoy it in Ireland(obviously not all bad here!!).

Having researched the area online it appears that she has to make herself known to the authorities.

I see what steps have to be done and various criteria she will be measured against.


However I was wondering has anyone any advice on illegal immigrants coming forward seeking residency? Basically what is the attitude of the authorities, as I don't want her to do the right thing and then get sent home.

You might say to consult a solicitor, but they can only tell the law and procedures to be followed. To cover themselves they wud hav to say step forward, just wondering the implications of this though.

Any advice would be much appreciated!

illegal immigrant doing the right thing would be going back to the country of origin not goin to the authorities to get sympathy to stay in the country they illegally entered....... tying up the legal system (again costin money to the taxpayer by appealls etc)

i know i'm gonna be jumped on by the "your bloody racist... wot about our illegals in america etc brigade... but thats my honest opionion..."

Illegal immigrants using the education system but yet not paying for it via taxes, as they are working for cash.. therefor not "supporting themselves" as education is paid for via taxes...... that I personally am breaking my balls to make ends meet......... and pay those taxes!!!

not a rant and i don't mean to be nasty, but its truly how i feel

Dandelion6

bernyh wrote: »

Illegal immigrants using the education system but yet not paying for it via taxes, as they are working for cash.. therefor not "supporting themselves" as education is paid for via taxes...... that I personally am breaking my balls to make ends meet......... and pay those taxes!!!

Illegal immigrants, like everyone else in this country, do pay taxes. Income taxes are not the state's only source of revenue.

By your logic Irish citizens on social welfare shouldn't be allowed have their kids in school either.

Our man in Havana

bernyh wrote: »

illegal immigrant doing the right thing would be going back to the country of origin not goin to the authorities to get sympathy to stay in the country they illegally entered....... tying up the legal system (again costin money to the taxpayer by appealls etc)

i know i'm gonna be jumped on by the "your bloody racist... wot about our illegals in america etc brigade... but thats my honest opionion..."

Illegal immigrants using the education system but yet not paying for it via taxes, as they are working for cash.. therefor not "supporting themselves" as education is paid for via taxes...... that I personally am breaking my balls to make ends meet......... and pay those taxes!!!

not a rant and i don't mean to be nasty, but its truly how i feel

I do agree with you to a certain extent especially when the subject of the illegal Irish in America is brought up. Having worked legally in America and having to fight hard for a visa I am disgusted by the attitudes of those that condone the activities of the illegal Irish immigrants in the US that are frankly making it harder and harder for legitimate people to get visas.

I for one would not be one bit sad if there was a round up in the morning and they were all sent back to Shannon. They made a concious decision to break the law and they should face the consequences of their actions.

Back to topic on hand, I do commend anyone that wants to regularise their situation here and I wish them the best of luck with it. There are many groups out there that will assist and of course a good solicitor will advise on all the procedures.