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Immigration and Refugee Bill

Once the new Immigration and Refugee Bill passes under its current provisions,  a company may guarantee an application for a visa by way of bond or deposit (see Corporate Services section).

The Government has now indicated its intention to regularise the status of undocumented migrant workers in Ireland who previously held work permits. The scheme will be aimed at foreign national workers who have become undocumented through no fault of their own.

At present , work visas and permits are tied to employers and workers can face deportation if they are made redundant,  dismissed or if their permits are not renewed after they expire.

In essence.  this new scheme will allow those who previously held work permits to regularise their status and continue to work.

Non EU spouses ( who are not spouses of Irish Nationals but of EU Nationals) can now live and work in Ireland following the  European Court decision in the case of Metock and Ors V Minister for Justice Equality and Law Reform ( see Home Page and Latest News).   As a result of this decision, the Government is now trying to amend the law in relation to non-EU spouse’s rights, in order to make it more difficult for the non – EU spouses of EU citizens to obtain the right to live in Ireland. The issue is now on the agenda of all EU Justice Ministers which would mean there may now be an attempt  to amend the 2004 EU directive in this regard. The decision referred to effects more than 1500 spouses of EU citizens in this country who were refused residency rights in this country,   on the basis they were non EU nationals. Denmark along with other EU countries, is at present forcefully arguing that the European Law should be changed.

Businesses in Ireland should keep abreast of changes in the law regarding foreign employees and their rights,  in particular having regard to the down turn in the economy.  They should have regard to the law and regulations relating to redundancy and remain conscious of pursuing non discriminatory policies.

Companies are allowed to prescribe mode of dress for employees.The Government has refused  to issue any directive to schools on the wearing of the Islamic headscarf in classrooms and no employee has a right to wear a hijab,  for instance,  at the work place.

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