Leave to remain in Ireland

Information

Foreign nationals other than EEA and Swiss nationals need permission to live in Ireland. There are different types of permission for non-EEA nationals including those for students and those who are working in Ireland. Other non-EEA nationals who have permission to remain in Ireland are those who have been granted refugee status. One specific type of permission to live in Ireland is known as leave to remain. This is a status that is granted at the discretion of the Minister for Justice, Equality and Law Reform. Leave to remain may be granted to people who have been refused a declaration as a refugee but who are not returned home for humanitarian or other compelling reasons. It may be also be granted to non-EU nationals who have been refused a declaration as a refugee and are not eligible for subsidiary protection under the European Communities (Eligibility for Protection) Regulations 2006 (pdf).  

People given leave to remain in Ireland

A person who has been refused a declaration as a refugee and who is not eligible for subsidiary protection, may be granted leave to remain in the State. A person may also withdraw from the asylum process and seek leave to remain in the State. Leave to remain is granted at the discretion of the Minister for Justice, Equality and Law Reform, usually on humanitarian grounds.

There are two groups of asylum seekers who may be given leave to remain in the State:

• Those who withdraw from the asylum process and
• Those who were refused a declaration as a refugee by the Refugee Applications Commissioner, were not granted subsidiary protection and who failed to have this decision overturned by the Refugee Appeals Tribunal

People who normally withdraw from the asylum process and seek leave to remain are:

• People who marry an Irish citizen and
• People who marry an EU citizen. 

Irish Born Child Scheme 2005

Prior to 2003, parents of an Irish-born child were also able to withdraw from the asylum process and seek leave to remain. Since February 2003, the Department of Justice, Equality and Law Reform no longer accepts applications for leave to remain, based on a person's parentage of an Irish-born child. In 2005 under the Irish Born Child Scheme (IBC/05) a number of foreign national parents of children born in the State prior to 1 January 2005 were granted leave to remain for an initial period of 2 years. In 2007 under the IBC/05 renewal scheme (pdf) many of them had their leave to remain extended for 3 years subject to certain conditions. In 2010 they can apply for a further 3-year extension of their leave to remain - see 'How to apply' below.

Rights of people granted leave to remain

Persons granted leave to remain do not have all of the same rights as persons granted refugee status. They must have been resident in Ireland for 5 years before they are eligible to apply for Irish citizenship. They do not have the right to family reunification but anyone who is entitled to reside and remain in the State may apply to the Minister to permit family members to join them. The Minister for Justice, Equality and Law Reform can grant or refuse permission on a discretionary basis. In addition, foreign national parents granted leave to remain under the Irish Born Child Scheme (IBC/05) are not eligible for maintenance grants or free fees for third-level education.

How to apply

For those who withdraw from the asylum process the procedure for seeking leave to remain is as follows:

• If you are the spouse of an Irish citizen details of how to apply for leave to remain are on the website of the Irish Naturalisation and Immigration Service (INIS). If you are the spouse of an EU citizen you apply to INIS EU Treaty Rights section - see 'Where to apply' below.
• Your letter of application must be accompanied by the relevant original documentation, such as your marriage certificate.
• INIS will then consider your application and advise the Minister for Justice, Equality and Law Reform accordingly who will make a decision on your application.
• You will be informed in writing of the outcome of your application.

For those whose application for a declaration as a refugee is rejected the procedure for being given leave to remain is as follows:

• If you have failed to get a declaration as a refugee or subsidiary protection, having gone through the process of applying to the Refugee Applications Commissioner and the Refugee Appeals Tribunal, your file goes automatically to the Repatriation Division of the Department of Justice, Equality and Law Reform. A recommendation is then made to the Minister for Justice, on whether you should be deported or given leave to remain.
• The recommendation to give you leave to remain is based mainly on how safe the country to which it is intended deporting you is.
• The Minister for Justice on receiving a recommendation from the Repatriation Division will make a decision on whether or not to grant you leave to remain.
• You will be informed in writing if the Minister for Justice decides to grant you leave to remain. Alternatively you will be informed of the Minister's intention to have you deported.

If you have been granted leave to remain under the Irish Born Child Scheme (IBC/05) and you renewed this permission in 2007 (pdf) you may apply to renew this permission for a further 3 years. Two weeks (14 days) or less before your current permission to remain expires, you should go with your Irish born citizen child to your local immigration registration office*. You must bring the following documents with you:

• Your original passport or national identity card
• Your original GNIB card
• Evidence of your residency in the State, for example a utility bill or letter from a Government department

If your permission to remain is extended for a further 3 years you must pay the registration fee of €150. You can find further details of this renewal arrangement on the INIS website.

*Your local immigration office is the Garda National Immigration Bureau (GNIB) if you live in Dublin and your Garda District Headquarters if you live outside Dublin.

Where to apply