MRCI e-bulletin – January 2007
The MRCI is a national organisation working to support migrant workers to access their rights and entitlements. Our mission is to promote the conditions for the social and economic inclusion of those migrant workers and their families who are in situations of vulnerability. This news bulletin is emailed approximately every 2 months. It contains updates on policy developments, information on immigration procedures & practices, campaigns and events, and other useful information related to the situation of migrant workers in Ireland. If you have any information that you think should be included in future bulletins, please let us know by emailing delphine@mrci.ie and we will endeavour to include it.
*Please see www.mrci.ie for our press releases & updates on our activities*
1. Immigration Procedures and Practices
o New DJELR Notice on renewal of Irish Born Child residency scheme.
2. Policy Developments
o o o o Employment Permits Act 2006 – New Arrangements for Work Permits Romanian & Bulgarian workers - procedures MRCI Submission on the Scheme for the Immigration, Residence & Protection Bill Free movement and Residency rights of undocumented spouses of EU nationals
3. Trends & Issues update from MRCI Drop In Centre
o Analysis of our Case Management System, October - December 2006
4. Campaign Update
o o Harvesting Justice: Mushroom Workers Call for Change Bridging Visa for migrant workers who have become undocumented
5. MRCI Activities
o o o Domestic Workers Support Group complete training course th Migrants Forum – 25 February MRCI Practice Seminars for Community Work Practitioners
6. Useful Info & Contact Details
o o o o New Comhairle website New website for migrants in 10 languages Form for Complaints re. EU Community Law Social Welfare Schemes Change Names
7. Events
o o o o Launch of MRCI/DCU report on Trafficking for Forced Labour in Ireland th Photography exhibition 8 March: Opening Doors - Migrant Domestic Workers Speak Through Art. Intercultural and Anti-Racism Week 19-25 March 2007 Realising Integration: ENAR Policy Seminar, 1-2 March 2007, Brussels
8. Publications
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1. Immigration Procedures and Practices
New DJELR Notice on renewal of Irish Born Child residency scheme
Arrangements have been put in place regarding the processing of applications for renewal of permission to remain in the State from non-nationals who are the parents of an Irish born child born in the State before 1 January 2005, and who were granted permission to remain in the State under the Irish Born Child Scheme 2005 (IBC/05). Each applicant, who wishes to apply for renewal of their permission to remain, must submit a completed application form and supporting documentation. Under the renewal scheme, permission to remain will be extended for a period of three years. The IBC Renewal application form and information leaflet are available on the Department‟s website at www.justice.ie. The form is also available at the Irish Naturalisation and Immigration Service (INIS), 13-14 Burgh Quay, Dublin 2 and Garda District Headquarters stations outside Dublin. For more information click on: http://www.justice.ie/80256E010039C5AF/vWeb/pcJUSQ6XXMZA-en CADIC, the Coalition Against the Deportation of Irish Children, plan to distribute a factsheet for parents to help provide further information. They will also be working with Integrating Ireland to present renewal process information at their regional meetings for NGOs in February. The Immigrant Council of Ireland has been provided with funding by CADIC to provide information and support to parents of Irish children during the renewal process: contact ICI Information & Support service: 674 0200 / info@immigrantcouncil.ie
2. Policy Developments
Employment Permits Act 2006 – New Arrangements for Work Permits
The Employment Permits Act 2006 has been enacted and new arrangements will apply to all st applications received by the Work Permits Section from 1 February 2007. These new arrangements include new employment permit schemes, new employment permit application forms, new fees, new employment permits with additional security features and a „strengthened‟ labour market test, including evidence of advertising in national and local newspapers. The application can be made by either the employer or the employee and the permits will be granted to the employee, copied to the employer and will be accompanied by the information referred to in the Act. The website of the Department of Enterprise, Trade and Employment contains details of the new permit schemes, including new application forms, details of fees, and 5 guides: Guide to Green Card Permits Guide to Work Permits Guide to Intra-Company Transfer Permits Guide to Spousal/Dependant Permits Guide to Graduate Scheme The website also has information on Transitional Arrangements for January – February 2007. See www.entemp.ie/labour/workpermits/. The proposal to introduce work permits for students is on hold for the time being. MRCI has written to Minister Micheal Martin, outlining a number of concerns with regard to the implementation and operation of the work permit system, and the potential impact of the scheme on migrant workers undertaking essential work. This letter is available on www.mrci.ie
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Romanian & Bulgarian workers - procedures
Details of the position of the Department of Enterprise, Trade and Employment with regard to Romanian and Bulgarian nationals are now available on the Department‟s website: www.entemp.ie/labour/workpermits GNIB has informed MRCI that newcomers from Bulgaria and Romania who require a permit to work here do not need to register with them. Romanians and Bulgarians who have already been working in Ireland on a valid permit at least one year will not need an employment permit. Spouses or dependants who have been legally resident in the State on this basis will not require st a work permit either, however if they enter the Sate after 1 January 2007 they will require a permit. Employers will be expected to satisfy their labour market requirements from within the European Economic Area (EEA) in the first instance and if this is not possible it will be necessary for them to give preference to Bulgarian and Romanian nationals ahead of non-EEA nationals. See also www.mrci.ie for MRCI‟s press release on the subject.
MRCI Submission on the Scheme for the Immigration, Residence & Protection Bill
The Department of Justice, Equality and Law Reform published the Scheme for the upcoming Immigration, Residence and Protection Bill in September 2006 (see www.justice.ie ) The MRCI has submitted a response to the scheme, which is available on www.mrci.ie („Publications‟ section). The submission sets out 10 key recommendations in relation to the scheme, highlighting concerns expressed by migrant workers during a dedicated Migrants Forum held by MRCI to discuss the Heads of Bill in September 2006. Other organisations have also submitted responses: *NCCRI: http://www.nccri.ie/policy-submissions.html *Integrating Ireland: contact www@integratingireland.ie („Resources & Publications‟ section) *Irish Refugee Council: http://www.irishrefugeecouncil.ie/policy.html *Irish Human Rights Commission: www.ihrc.ie („Submissions/Observations‟ section) Further information is included in MRCI‟s Newsletter „Migrant Ireland‟, available for download on www.mrci.ie. If you or your organisation have written submissions on the Scheme for the Bill, we would appreciate it if you could forward these to us, as we plan to make the submissions of other organisations available on our website also. See also www.lawsociety.ie to download Tánaiste Michael McDowell TD, Minister for Justice, Equality & Law Reform‟s speech presented at the 'New Rules for the New Irish‟ conference hosted by the Law Society on the proposed Immigration, Residence and Protection Bill 2007 on Saturday 27th January 2007. Conference papers also available on the site.
Free movement and Residency rights of undocumented spouses of EU nationals
The Irish Regulations regarding the rights of citizens of the EU and their families to move and reside freely within the territory of the Member States may have to be amended by the Irish government, following a recent decision by the European Court of Justice. Regulation 3(2) of the European Communities (Free Movement of Persons) Regulations 2006 states that the regulations shall not apply to a family member unless s/he is lawfully resident in another Member State. However, the recent finding states that an EU state cannot deny a non-EU family member of an EU national residency in the State if the non-EU national spouse was undocumented at the time they got married. Click on the following link for more info: http://curia.europa.eu/jurisp/cgibin/form.pl?lang=en&Submit=Rechercher&alldocs=alldocs&docj=docj&docop=docop&docor =docor&docjo=docjo&numaff=C1/05%20%20&datefs=&datefe=&nomusuel=&domaine=&mots=&resmax=100
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3. Trends & Issues update from MRCI Drop In Centre
The MRCI Drop In Centre (DIC) provides information, advice and advocacy services to all migrant workers and their families who are in situations of vulnerability. It does this through the Centre in Dublin and through responding to telephone, email and outreach queries. The DIC is located at 55 Parnell Square West Dublin 1 and our opening hours are Monday to Thursday 10am to 4pm except Wednesday when we are open from 11am to 4pm (closed for lunch every day 1-2pm). We are closed to the public on Fridays. A detailed Data Analysis Report of our Case Management System from 2006 will be produced in the coming months.
Analysis of our Case Management System, October - December 2006
Numbers: In the period October to end of December, the average number of visits to the Drop In Centre was 172 people per month. The number of people served in that period was over 871 (by email, post, in person and by telephone); the number of queries averaged at 290 per month. Diversity of Service Users: Over 55 different nationalities sought information, advice and support during this period. The highest number of queries came from Asia, with Filipinos forming by far the largest group. Other Asian countries that featured prominently included Pakistan and Bangladesh. Our services are also accessed by a high number of Latvian and Lithuanian nationals. A significant number of Moldovans, Ukrainians, Romanians and Russians also sought assistance. Slightly more males than females use the service. Immigration Status: The largest group of people seeking advice and support came into the country initially on a valid work permit. A review of the 442 new cases opened in the period October to December 2006 shows that while only 1% of cases were undocumented on arrival to Ireland, by the time they contacted MRCI for support, 22% of them had become undocumented. In our experience, the most common reason for people becoming undocumented is problems with their work permits. Employment Sectors: People who accessed Drop In Centre services were working in a wide variety of sectors including hotel and catering, medical & healthcare sector, retail and security, cleaning and maintenance, construction, agri-food industry - e.g. meat processing or mushroom production - and people employed in the private home. Dominant Issues: - Workplace Exploitation was among the most common presenting issues. Most common forms of workplace exploitation reported to the DIC included not being paid the minimum wage or statutory annual leave or break entitlements, unfair dismissal, bullying and harassment. - Undocumented Workers: migrant workers who arrive in the country with a valid legal status can become undocumented by a variety of routes including being made redundant at very short notice and not being aware of their rights in this situation; non-renewal of work permit; being forced to leave employment because of exploitation / poor working conditions; a migrant worker changes job but new employer does not apply for a new work permit, or a migrant worker arrives in Ireland through a recruitment agent/agency and the promise of work never materialises. The MRCI assists these migrant workers in applying to regularise their situation in Ireland on a case by case basis. - Trafficking for Forced Labour: Trafficking of people for forced labour. Victims of trafficking can be both documented or undocumented and at risk of further exploitation. - Work Permits: People sought assistance with applying for a work permit, seeking to change employer or their rights in a redundancy situation. A common query also related
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to people seeking to transfer between schemes, e.g. from a student visa to the work permit system or from the work permit to working visa scheme Family reunification: The MRCI assists in first-time applications and appeals against refusals. There was confusion over the issuing of two separate family reunion guidelines in 2006, one in February and one to August. Clarification was still being sought during this period on the rights of spouse dependents in the event of a separation or divorce and when a minor dependent reaches the age of majority. Access to Social Protection: It is difficult for a migrant worker to access social protection when they encounters hardship in Ireland because of the continued operation of the Habitual Residence Condition (HRC) and the lack of knowledge on the part of some service providers as to which immigration status is entitled to what payment. It is also difficult for migrant workers from inside and outside the EU, both documented and undocumented, to have access to social protection if they have been exploited and/or trafficked in order that they can challenge that exploitation. The MRCI strongly recommends that the HRC should not apply to such cases.
4. Campaign Update
Harvesting Justice: Mushroom Workers Call for Change
The Mushroom Workers Support Group (facilitated by the MRCI) has produced a document entitled „Harvesting Justice: Mushroom Workers Call for Change’, which outlines the experiences of mushroom workers and what needs to be done to improve living and working conditions. The launch of the document took place in Monaghan town, and was attended by a group of over one hundred migrant mushroom workers and their supporters who gathered to voice their appeal for urgent change and reforms in the Irish mushroom industry. Also in attendance were elected representatives, local community and business leaders and officials from several trade unions, foreign embassies and government regulatory and service agencies. The members of the MWSG have called primarily on government agencies and the supermarkets to use their power to help end the exploitation of mushroom workers. The MWSG and SIPTU have begun discussions with supermarkets in the UK which buy 80% of all Irish mushrooms, in efforts to get major retailers to put in place systems and mechanisms to ensure that mushroom suppliers are not exploiting workers. “Harvesting Justice: Mushroom Workers Call for Change” is available for download on www.mrci.ie
Bridging Visa for migrant workers who have become undocumented
The MRCI believes that a humane and flexible response to migrant workers who have become undocumented is required. We have been advocating for the introduction of a “bridging visa” in the upcoming Immigration, Residency and Protection Bill, as a practical and effective means of responding on a case by case basis to situations where migrant workers can demonstrate that they have been exploited or have become undocumented through no fault of their own. This bridging visa would allow a migrant worker to change or seek employment within a defined period. The worker becomes documented, in a position to make an official complaint against a rogue employer and seek new employment while also reducing the number of undocumented migrants in Ireland. The Bridging Visa is referred to in a recent report by NESC and has been supported by the Equality Authority in their submission on the Immigration & Residence Bill Discussion Document, „Embedding Equality in Immigration Policy‟. The MRCI is currently carrying out research on routes into irregular migration and the experience of migrant workers who have an irregular status. It is hoped that this research, to be published early in 2007, will highlight the experience of undocumented migrant workers and the different routes into irregular that are outside of their control. See www.mrci.ie („Policy Work‟ section) for MRCI‟s Briefing Paper on undocumented workers and the Bridging Visa.
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5. MRCI Activities
Domestic Workers Support Group complete training course
26 Women have recently completed a Social Care Programme which was run by MRCI‟s Domestic Workers Support Group. The two modules completed were in Child Development, and Care Provision and Practice. It is hoped that this project will give recognition and value to the work undertaken by the women, and to promote and ensure standards of care in the private home. The Domestic Workers Support Group continues to meet on the first Sunday of every month at 2.30 – 4.30pm at The Teachers Club, No. 36 Parnell Square West, Dublin 1. All migrant women employed in the private home are welcome to join the group and participate in our activities. Contact edel@mrci.ie for more information or go to www.mrci.ie See also “Events” below for information on a photography exhibition by the DWSG.
Migrants Forum – 25th February
The first Migrants Forum of 2007 will be held on Sunday 25 February, from 2.30-4.30pm in the Teacher‟s Club in Dublin city centre. The topic for this forum will be the new Employment Permits Act 2006. The MRCI Migrants Forum provides an opportunity for migrant workers to receive and share information, form a collective analysis of their experiences, and take action on issues affecting their lives. The Forum is held approximately every 6 weeks. There is usually an information and discussion session on different topics followed by refreshments and an opportunity for migrant workers to meet and chat. Please check www.mrci.ie over the coming weeks for more details, or contact helen@mrci.ie if you would like to be contacted regarding future Forums.
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MRCI Practice Seminars for Community Work Practitioners
The MRCI will be organising a series of practice seminars aimed at community work practitioners working with migrant workers and their families. The seminars aim to provide an opportunity to share and build on good community work practice and develop our analysis and understanding of key policy developments in the area of migration. The sessions will be organised in a participative th and workshop manner. The first seminar will be held in Dublin on Tuesday 27 March (venue to be confirmed) from 10.30am to 4pm. Places will be limited and booking will be required. For further information contact Helen in the MRCI - helen@mrci.ie / 01 8897570
6. Useful Info & Contact Details
New Comhairle website
A new website has been developed by Comhairle to replace the Oasis website. The new website is an Irish e-government initiative, and was originally established under the Government‟s first action plan for the Information Society. It provides comprehensive information on all aspects of Public Services and entitlements for citizens in Ireland. The site is based on a personal approach to the presentation and delivery of information on public services and the social and civil rights of everyone in Ireland. It has been specially designed to meet the needs of users who need accessible information about their rights and how to apply for State services in Ireland. Straightforward, accurate, and comprehensive the information is sourced from a wide variety of service providers and agencies. Each category addresses a series of frequently asked questions on the topic which is supported with a wealth of in depth information, informative case studies, supporting documents and downloadable forms. It includes features such as a 'find an address' tool which enables people to contact over 8,000 service providers and government bodies nationwide, and a My Information facility. See www.citizensinformation.ie
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New website for migrants in 10 languages
A NEW website with information aimed at helping migrants settle in Ireland is to be extended to include a total of 10 languages. Website Vaveeva.com is available in Polish, English and Chinese but from February will be extended to include Czech, Lithuanian, Russian, Slovenian, Spanish, Bulgarian and Romanian. The service is provided free to migrants and will include information on accommodation, work, tourism, travel, education, health issues, social welfare, taxation and banking and other aspects of Irish life. The website is planning to fund its service through advertising, sponsorship and marketing aimed at migrant workers. Vaveeva will also offer translation services and multi-lingual telemarketing. See www.vaveeva.com
Form for Complaints re. EU Community Law
Anyone may lodge a complaint with the European Commission against a Member State about any measure (law, regulation or administrative action) or practice which they consider incompatible with a provision or a principle of Community law. Complaints may also be submitted by ordinary letter, but it is important to include as much relevant information as possible. The complaint form can be sent by ordinary mail to the following address: Commission of the European Communities (for the attention of the Secretary-General) B-1049 Brussels Belgium You may also hand in the form at any of the Commission‟s representative offices in the Member States (see website below for addresses). To be admissible, a complaint has to relate to an infringement of Community law by a Member State. Dowload the form at: http://ec.europa.eu/community_law/complaints/form/index_en.htm
Social Welfare Schemes Change Names
Over the last number of months there have been changes to the names of social welfare schemes: Old Name Of Scheme New Name Of Scheme Old Age (Contributory) Pension Old Age (Non-Contributory) Pension Retirement Pension Unemployment Benefit Unemployment Assistance Unemployability Supplement Disability Benefit Orphan‟s (Contributory) Allowance Orphan‟s (Non-Contributory) Pension Updated information on the schemes is available from: http://www.welfare.ie/publications/sw4/s0.html State Pension (Contributory) State Pension (Non-Contributory) State Pension (Transition) Jobseeker‟s Benefit Jobseeker‟s Allowance Incapacity Supplement Illness Benefit Guardian‟s Payment (Contributory) Guardian‟s Payment (Non-Contributory)
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7. Events
Launch of MRCI/DCU report on Trafficking for Forced Labour in Ireland
This report provides an overview of the situation with regard to trafficking for forced labour in Ireland, in sectors other than for sexual exploitation. It follows a European-funded initiative led by Anti-Slavery International that focused on the existence and extent of trafficking for forced labour in Ireland, the UK, Portugal and the Czech Republic. The Migrant Rights Centre Ireland (MRCI) and Dublin City University (DCU) conducted the research in Ireland. The report aims to explore the existence of trafficking for forced labour in Ireland and to identify effective policies st necessary to support people trafficked for forced labour. The report will be launched on 21 February by Simon Coveney, MEP. Information on the launch to be circulated shortly.
Photography exhibition 8th March: Opening Doors - Migrant Domestic Workers Speak Through Art.
Opening Doors is an exhibition of collaborative photographic works by the Migrant Rights Centre Ireland‟s Domestic Workers Support Group (DWSG) and artist Susan Gogan. These collaborative and combined works explore the obstacles facing women employed in the private home and highlight the contributions they make daily in their lives. Also featuring a textile work by the DWSG, this exhibition is a unique insight into the often invisible lives of those who increasingly care for our children and elderly. The exhibition opens on International Women‟s Day, 8th March at the Gallery of Photography in Meeting House Square, Temple Bar, Dublin 2 and will run for a month.
Intercultural and Anti -Racism Week 19-25 March 2007
Intercultural and Anti Racism Week takes place this year from the 19-25 March 2007. The week is coordinated by the National Consultative Committee on Racism and Interculturalism (NCCRI) and the Equality Commission for Northern Ireland, in partnership with the National Action Plan Against Racism and the Northern Ireland Race Equality Strategy. It is designed to coincide with March 21st, the United Nations designated international day against racism. This year the theme of the week is „Improving Government Services to Minority Ethnic Groups‟, focusing on: Health, Education, Employment, Housing and Policing. The key stakeholders include minority ethnic community groups, senior government official and departments, social partners and NGOs/community sector. During the week there will be a series of signature events that will focus on these areas and other policy concerns. See www.nccri.ie over the coming weeks for details of key events, information updates, posters and general information. For further information contact: benedicta@nccri.ie / kate@nccri.ie / 018588000
Realising Integration: ENAR Policy Seminar, 1-2 March 2007, Brussels
The European Network Against Racism is organising a Policy Seminar on migration, integration, social inclusion and anti-discrimination in March. The purpose of the seminar is to explore the intersections between the anti-racism, anti-discrimination, social inclusion and integration agendas from the perspective of migration, recognising that these concepts are intrinsically linked. It will provide the opportunity to explore the links between these European policy agendas and provide recommendations for a more cohesive approach to European efforts to promote inclusive societies. It will seek to empower civil society and policy makers to clarify the conceptual framework surrounding integration, and act a driving force to forward policy changes. ENAR Ireland representatives who will attend the event include the MRCI, the Immigrant Council of Ireland and the Galway Refugee Support Group. For further information (programme, participant info and registration form) go to www.enar-eu.org/en/events/
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8. Publications
Accessing redress for workplace exploitation
This report was published by MRCI, and launched in November 2006 by Minister Tony Killeen, Minister of State at the Department of Enterprise, Trade and Employment with special responsibility for Labour Affairs. The report presents an analysis of the experience of 89 migrant workers in seeking redress for workplace exploitation, identifying the barriers and issues for migrant workers in seeking this redress. It also formulates recommendations to improve protections from workplace exploitation and access to redress mechanisms for migrant workers. The report can be ordered from www.mrci.ie
Harvesting Justice: Mushroom Workers Call for Change
This document lays out the experiences of the members of the Mushroom Workers Support Group. It presents the voices of the members of the MWSG who are current and former mushroom workers seeking to be heard. The document captures the proceedings of a number of meetings held throughout Counties Cavan and Monaghan where the members of the group shared experiences of what it is like to work as a mushroom worker, what their main issues and concerns are and what needs to be done about it. Three of the members have volunteered their individual stories to be held up within this publication. The document can be downloaded in full from www.mrci.ie
Treoir publications for migrant women and migrant parents.
Treoir, the National Information Centre for Unmarried Parents has the following publications which are currently available: *Reproductive Health Information for migrant women - available in Arabic, Chinese, French, English, Romanian and Russian. *Legal Information for Unmarried Migrant Parents - available in Arabic, Chinese, English, French, Romanian and Russian (22 pages, web based only). These publications are being updated and translated into Polish and the new versions will be available early in the new year. The Reproductive Health manual will also be available for distribution by CD. They can be accessed at www.treoir.ie.
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