Submission on Proposed New Immigration Regime for Full Time Non – EEA Students - NCP Limerick Oct 2009
Submission on Proposed New Immigration Regime for Full Time Non - EEA Students
Irish Naturalisation & Immigration Service
http://www.inis.gov.ie/en/INIS/Pages/PR09000181
NEW COMMUNITIES PARTNERSHIP SUBMISSION OCT 2009
New Communities Partnership (NCP) is a national peak organisation for Ethnic Minority led organisations in Ireland. Our mission is to support, represent and empower Ethnic Minority led organisations at all levels in order to influence a positive change in policies that impact on their lives. NCP is led by community members for community members the issues we are addressing are grounded in our lived experiences. At present NCP has over 104 member groups comprising of 65 nationalities with offices in Dublin, Cork and Limerick.
A - General Structure - R3
NCP believes that the Non EEA student permission capped to a maximum of five years is not feasible in certain circumstances. In the case of Non-EAA students who choose to undertake studies from Tier 8 and wish to pursue further professional qualifications upon finishing their primary degree or obtaining their Professional qualification will automatically be prevented from doing ie. a student who has studied a BA Accounting may wish to undertake further professional study in the field of Law and thus undertake a Law Degree.
NCP deems it important to have more clarity on the exact nature of the 'progression' as outlined in R3 (b).
A - The General Structure - (T3)
Students who have studied in Ireland for a reasonable period of time should be permitted to integrate into the system by applying for Highly Skilled Visa scheme (best based on a points system) as is the case in UK and Canadian models. The current 6 months period imposed on students after their studies is inadequate. In light of the current economic climate, NCP recommends that an extension of one year rather than the proposed six month extension to students upon completion of their studies.
A - General Structure - (T3)
We propose the waiver of the fee payment for a Temporary Work Permit Extension for students who are applying for an Employment Permit. It is unfair to impose a financial penalty of this magnitude at such a juncture. Historical evidence would suggest that this fee would increase by significant percentage over short period of time.
C - Inspection & Regulation - (R8)
We welcome the recommendation that further and higher education bodies accredited by international awarding bodies be aligned with the National Framework of Qualifications. However, NCP would have certain concerns over the roll out and implementation of such a process. NCP believes that the Dept. of Justice should take a proactive role in the monitoring of the implementation and aligning of awards from international awarding bodies so as to ensure clear and transparent communication between all stakeholders; international students, international awarding bodies and local education providers.
D - Family Reunification - (R12)
The proposed rule change supports spouses of PhD students to be able to join their partners in Ireland for the duration of the studies. This is on condition that they can support them without public funds.
However, given that PhD students may be studying for 3-4 years approximately, it is impractical if the spouse is not allowed to work (even if for limited hours) over such a duration. In many cases the spouse may also have be of a high academic capacity and it is untenable that the spouse to remain in the home for the entire 3-4 years and not contribute to the innovative economy or otherwise. This provision is allowed in other jurisdictions such as the UK.
H - Information
Based on NCP's experience on the ground, we suggest further to your Paper's recommendations regarding the communication of information that provision be included for students to report grievances and abuses of the system that they may have experienced. Mechanisms and protocol should be put in place whereby students can report abuses in the VISA system without jeopardising their personal safety or status. Our outreach work has illustrated that exploitation does exist in this arena such as victimisation in the sex industry, working below the minimum wage, paying fees for schools which upon entry to the State do not exist etc.
I - Future Policy Co-ordination - Long Term Strategy for Student Immigration
NCP welcomes the development of pathways for Tier 1 students and those who have completed 'a high quality education in Ireland'. However, we believe that promoting a pathway to long term residence for persons of high academic capacity after graduation should be a priority. These students who have and who can contribute to the innovation economy should not have to endure what is often years of uncertainty with regard to their future plans. Many students spend what can be often years in their specialised field and are unable to plan for their future given the lack of clarity regarding their status.
New Communities Partnership
info@newcommunities,ie
www.newcommunities.ie