Migrants present in the Republic of Ireland have a number of rights and entitlements. Migrant workers may have their housing arranged prior to their entry to Ireland by their future employers. Otherwise they may either themselves find private rented accommodation, local authority accommodation or by their own property when they are in Ireland.

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Migrants present in the Republic of Ireland have a number of rights and entitlements. Migrant workers may have their housing arranged prior to their entry to Ireland by their future employers. Otherwise they may either themselves find private rented accommodation, local authority accommodation or by their own property when they are in Ireland. Seeking private rented accommodation will require some financial resources to pay deposits, rent in advance etc. Local Authority (Council or Corporation) housing is mostly available to those without sufficient financial resources to seek and provide for their own accommodation. Priority for such housing tends to be given to low income families with children and to older persons, there is also usually a long waiting list. No priority is given to migrants who may experience particular difficulty obtaining private accommodation particularly because of the lack of knowledge about the process. Migrants seeking local authority housing may be required to prove their intention and legal entitlements to live in Ireland permanently. This may prove difficult for migrants with temporary work permits, or temporary Leave to Remain (see 8.2 – Immigration law and policy). Under the Aliens Act 1935, section 3, migrants are entitled to purchase property in the same way as nationals of the Republic of Ireland however they would require significant financial resources and may also need a number of documents to do this.

Migrant workers are able to access public health care if they are resident in Ireland if they hold employment permits or work authorisations (see 8.5 – Migrant workers). Treatment is free for medical cardholders. Migrant workers will normally not be entitled to free health care as their earnings will usually exceed the means test limit of €138 and €200 for couples and single parent families.

Migrants within Ireland who comply with the laws covering entry, living and working in Ireland are entitled to social welfare benefits. Migrant workers are not entitled to take up full-time education because they cannot change their status in Ireland, unless they leave the country and reapply for student visas. They may attend part-time courses if they can afford to pay the necessary fees. Migrant workers may attend basic education classes free of charge From the Adult Literacy Service.

Asylum seekers are provided with accommodation at reception centres in Dublin initially and then assigned compulsory accommodation at Regional centres, which includes provision of all meals. A small personal allowance is also provided, medical care is dealt with by the local health authority and asylum seekers are entitled to apply for medical cards for free health care. Children are entitled to attend the local schools for education, adults may have access to adult literacy and English language classes. Those who sought asylum after 26th July 1999 may not seek employment. Refugees have under section 3 of the Refugee Act (1996): the right to seek and enter into employment in Ireland; the right to enter into education on an equal basis to Irish citizens; the right to health care, housing and social welfare benefits on the same basis as Irish citizens; the right to reside in Ireland; and a number of other rights including equal access to the Courts; the right to practise their religion; the right to own property and the right from the reunification. Although it is not set out in legislation Persons granted the discretionary status of Leave to Remain would normally be entitled to the same rights as refugees under the Refugee Act in Ireland.

There is no right to permanent residence permits for migrants, an entitlement to permanent residency is only realised when migrants become Irish citizens. Migrants coming from countries where dual nationality is not allowed would therefore have to give up their nationality if they wished to become Irish citizens in order to become permanent residents in Ireland.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.

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