Permission to remain following an application for international protection
When you apply for international protection, the International Protection Office (IPO) must decide if you qualify for refugee status or subsidiary protection status. The IPO makes a recommendation, which it gives to the Minister for Justice.
If the IPO recommends that you should not be granted refugee or subsidiary protection status, the Minister must then decide if you should be granted permission to remain. You can appeal the IPO recommendation
You don’t make a separate application for permission to remain. You must provide information about your personal situation when you apply for international protection. The Minister makes a decision based on this information. You can send extra information if your situation changes.
The Minister’s power to grant permission to remain as part of the international protection process is set out in Section 49 of the International Protection Act 2015.
How to apply for permission to remain
This information is about permission to remain for international protection applicants. You can read about residence permissions for non-EEA citizens.
When you apply for international protection, you must complete a questionnaire, and attend interviews where you give information about your history and your situation. Most of the information you give is relevant to your application for international protection.
Some of the information you give becomes more important if your application for international protection is refused. For example, information you give about your family in Ireland or any health conditions that you have are considered by the Minister when deciding if you should get permission to remain.
After the International Protection Office (IPO) has examined your case, it makes a recommendation to the Minister for Justice. It recommends one of the following:
- You are declared a refugee
- You are granted subsidiary protection status
- You are not granted international protection
If the IPO recommends that you should not be granted international protection (either refugee status or subsidiary protection status), you may appeal this decision to the International Protection Appeals Tribunal.
The Minister for Justice will then decide if you should be granted permission to remain. The Minister will make a decision on if you should be granted permission to remain whether or not you have appealed the International Protection decision.
The Minister may grant you permission to remain before your international protection appeal has been completed.
How the Minister decides on your application
The International Protection Act sets out what the Minister should consider when making a decision to grant or refuse permission to remain.
- The nature of your connection to Ireland
- Humanitarian considerations
- Your character and conduct both in Ireland and abroad, including criminal convictions
- National security and public order
- Any other considerations of the common good
The Minister must also consider if there is a risk that returning you to another country could lead you to suffer harm. In particular, the Minister will consider if you are at risk of torture, degrading treatment or of facing the death penalty.
The Minister uses the information you gave during your application for international protection to make a decision. You can send further information if you want to.
If the Minister decides to grant you leave to remain, you will get a letter that says you have been granted permission to remain in the State under Section 49 of the International Protection Act. You must register with your local immigration registration office. You will get a Stamp 4 permission, which allows you to work without an employment permit.
Decisions and appeals
If you have appealed the IPO’s recommendation that you should not be granted refugee or subsidiary protection status, you may get a decision on your permission to remain application before your appeal is heard.
If you get permission to remain, you can choose to withdraw your appeal. You do not have to withdraw your appeal. You can register and get a Stamp 4 Irish Residence Permit and wait for the outcome of your international protection appeal. You will continue to be considered as an international protection applicant, and you can only work if you apply for Labour Market Access Permission.
You cannot appeal a refusal of your permission to remain application. But if your international protection appeal is refused, you will get a Permission to Remain Review Form to complete. You can use this form to tell the Minister about any changes in your circumstances since the Minister refused to grant you permission to remain.
You should consult with your solicitor about what to do if your permission to remain is refused. Your solicitor may suggest making an application for a judicial review of the decision. This involves going to court to argue that the decision making process was flawed.
You may also voluntarily return to your own country.
If you have been refused permission to remain and decide not to return voluntarily to your own country, the Minister may issue a deportation order.