New bill proposal introduces new asylum and citizenship rules

A new bill proposal includes:

Family reunification: In order to align more closely with certain EU Member States, it is being proposed to amend the act so that anyone granted protection under the act will not be entitled to seek family reunification unless they are financially self-sufficient. If applicants receive certain social welfare payments within 3 years of being granted protection or owe a debt to the State, they will not be eligible to apply.

International protection accommodation contributions: Residents of international protection accommodation in employment should make a financial contribution towards their accommodation. The proposed contribution rates are proportionate to the amount that people earn, and they take account of the accommodation services they receive.

Withdrawal of international protection: Additional powers to revoke refugee status where a person is found to be a danger to the security of the state or has been convicted of a serious crime

Citizenship: Tightening of citizenship criteria to ensure there is clear guidance on the application of good character requirements and the introduction of a requirement that applicants are self-sufficient. Currently, there is an application fee of €175 and a certification fee of €950 following a positive decision. The State has not increased the fees for naturalisation applications since 2011. These fees will be reviewed in the context of changes undertaken by other EU countries.

It is also proposed that the act be amended to exclude residency accrual for naturalisation purposes for those who are residing in Ireland on temporary permissions including time spent in the State on the basis of:

• Temporary Protection under the Temporary Protection Directive 2001/55/EC (which has been activated in respect of the invasion of Ukraine);
• as an EU Treaty rights applicant; and
• a Stamp 0 permission applying to dependent elderly relatives, retirees and certain temporarily visiting academics

The timing and impact of the exclusion of time spent under Temporary Protection from the calculation of reckonable residence will be carefully considered alongside the provision to be made in Ireland and other EU Member States for persons moving from Temporary Protection to other residence permissions or return arrangements. Other proposed changes include:

• 5-year residence requirement in line with all other category of applicant for people who are granted refugee status or stateless people
• clearly define what constitutes “good character”, which often relates to criminal behaviour. This will clarify the application process for applicants, and the decision-making process for officials

International Protection Applicants for citizenship must be self-sufficient and not in receipt of certain social protection payments within the previous 2 years before an application is made.