Naturalisation Rates in Ireland Amongst the Lowest in Europe

According to recent research Ireland has the second lowest rate in granting naturalisation applications in the EU at just 13%. Despite a citizenship regime which is theoretically more inclusive than many other EU states, only Luxembourg has a lower rate and the average rate across the EU (34%) is over two times higher than in Ireland.

In 2008, the Immigrant Council of Ireland published research that highlighted the fundamental extent to which immigration status affects people’s ability to make longer-term plans, participate in Irish society and, ultimately, their successful integration. This point was emphasised in connection with the importance of naturalisation and citizenship for immigrants in the Council’s 2011 ‘Living in Limbo’ report which called for changes to the naturalisation application process to simplify and speed up the process for those who wanted to obtain Irish citizenship.

This year’s report, published by the Migration Policy Group in Brussels, identified several barriers to Irish citizenship for applicants such as the lack guidelines for applicants and lack of clarity and transparency in light of the Minister for Justice and Equality’s absolute discretion regarding citizenship applications. This lack of transparency is worsened by the lack of a formal appeals system and the lack of reasons given in cases of a refusal. The report also notes that the Irish system is one of the most demanding in terms of documentation requirements and also has higher application costs than most other EU countries. Furthermore, despite a commitment by the Minister for Justice in 2011 to reduce waiting times for applicants to 6 months many applications are still taking over a year to complete.

Chief Executive of the Immigrant Council of Ireland, Denise Charlton, said that Ireland’s low rate of citizenship has economic and social implications for Ireland, noting that immigrants who have been naturalised find it easier to integrate with Irish society and “are more often employed, less often overqualified for their jobs, have better housing conditions and have less difficulty paying household expenses.”

Freya Foster

Brophy Solicitors

Domestic violence and immigration law issues brought before Oireachtas Justice Committee

The Immigrant Council of Ireland, as part of the Domestic Violence Coalition, has called on the Government to introduce new laws formally recognising the issue of domestic violence in Irish immigration law. Approximately 10% of the Immigrant Council’s overall caseload involved domestic violence however the Council noted in its submission to the Oireachtas Justice Committee that many victims may not be coming forward for fear that it could impact on their right to remain in Ireland. This fear, coupled with administrative barriers and lack of access to safe emergency housing, can leave people vulnerable to threats, abuse and violence.

In addition to legislative action, the Council called for short term measures to be taken in the form of a coordinated administrative response by the Irish Naturalisation and Immigration Service, the Department of Social Protection and the Health Service Executive. It also welcomed a policy clarification issued by INIS in 2012 regarding the possibility of applying for an independent residency permit for non-EEA nationals who are experiencing domestic violence.

However the Council noted the shortfalls of this guidance, namely its reliance on discretion and the lack of clarity as to what type of status would be granted or the likely processing time for the application. It also cautioned that the €300 fee required for a Garda National Immigration Bureau certificate of registration that is paid after a successful application, was a serious barrier to applicants since many would previously have been financially dependant on their abuser and would therefore struggle to pay the fee. The Council emphasised the importance of continuing social welfare payments for eligible non-EEA victims of domestic violence regardless of the stage of their immigration application and regardless of their current immigration status.

The Council also suggested that the UK experience of introducing and refining a domestic violence concession could provide useful guidance in both the legislative and administrative context. This includes a wide definition of domestic violence, equal application to male and female partners, married and unmarried couples and to opposite and same sex relationships. Fee exemptions, legal aid and flexibility regarding evidentiary requirements were also suggested. Importantly being undocumented should not prohibit making an application as the time taken to appreciate or be advised that there is a remedy available may mean that leave has expired in many cases.

In their submissions the Council also urged the Irish government to sign and ratify the Council Of Europe 2011 Convention on Combating and Preventing Violence against Women and Domestic Violence which has already been signed by 26 members of the Council of Europe. 

Freya Foster

Brophy Solicitors