Obligation of non-nationals to register
A register of non-nationals who have permission to be in the State shall be established and maintained by registration officers in such manner as the Minister may direct.
A registration officer may amend an entry in, or delete an entry from, the register. A non-national shall comply with the following requirements as to registration:
He or she shall, as soon as may be, furnish to a registration officer the particulars set out in the Second Schedule, and, unless he or she gives a satisfactory explanation of the circumstances which prevent his or her doing so, produce to the registration officer a valid passport or other equivalent document, issued by or on behalf of an authority recognised by the Government, which establishes his or her identity and nationality;
He or she shall furnish to a registration officer particulars of any matter affecting in any manner the accuracy of the particulars previously furnished by him or her for the purpose of registration, within 7 days after the matter has occurred, and generally shall furnish to a registration officer all information (including, where required by the registration officer, a recent photograph of him or her) that may be necessary for maintaining the accuracy of the register;
He or she shall—
- if about to change his or her residence, furnish to a registration officer particulars as to the date on which his or her residence is to be changed and as to his or her intended residence, and
- on effecting any change of residence, within 48 hours of his or her change of residence, furnish to a registration officer particulars as to his or her current residence, if these particulars have not already been furnished by him or her under subparagraph (i);
If at any time he or she is absent from his or her residence for a continuous period exceeding one month, he or she shall furnish to a registration officer particulars of his or her current address and every subsequent change of address, and inform a registration officer of his or her return to his or her residence;
He or she shall, on the request of a registration produce his or her registration certificate to a registration officer.
If a non-national has no residence in the State, he or she shall, so far as possible, furnish to a registration officer the particulars that would be required under this section if he or she had a residence in the State, and also, if he or she is about to change his or her address, furnish to a registration officer particulars as to the date on which his or her address is to be changed and as to his or her intended address.
If a non-national who is required to register or report is lodging with, or living as a member of the household of, any other person, it shall be the duty of that person to take reasonable steps either by informing a registration officer] of the presence of the non-national in his or her household or otherwise) to secure compliance with the terms of The Immigration Act in respect of the registration of or reporting by the non-national.
A registration officer shall issue to a non-national a registration certificate—
- on registration of the non-national, and
- where the entry in the register relating to the registration of the non-national is altered or added to, if the registration officer is of the opinion that the making of a corresponding alteration or addition to the non-national’s registration certificate is necessary to ensure the accuracy of the certificate.
The above obligations do not apply to—
- a non-national who is under the age of 16 years;
- a non-national who was born in Ireland;
- a non-national not resident in the State who has been in the State for a period of not more than 3 months since the date of his or her last arrival in the State;
A non-national seaman not resident in the State whose ship remains at a port in the State and who does not land in the State for discharge.
A person who is required to furnish, produce or provide particulars, information or a document to a registration officer may comply with the requirement concerned by furnishing, producing or providing the particulars, information or document, or a copy of the document, as the case may be, by such electronic means and in such manner as may be specified by the Minister.
The Minister may, specify the electronic means by which, and the manner in which, particulars, information or a document to which the paragraph applies may be furnished, produced or provided.
The Minister shall publish, on a website maintained by the Minister or the Government, the details of any matter specified.
A person who contravenes the above requirement is guilty of an offence.
Registration districts and registration officers
The Minister may appoint such and so many registration officers”), being—
- members of the Garda Síochána not below the rank of superintendent, or
- officers of the Minister not below the rank or grade of Assistant Principal Officer,
to perform the functions conferred on registration officers by the Immigration Act and any other enactment.
Particulars to be furnished on registration
- Name in full and sex.
- Present nationality and how and when acquired and previous nationality (if any).
- Date and place of birth.
- Profession or occupation.
- Date, place and mode of arrival in the State.
- Address of residence in the State.
- Address of last residence outside the State.
- Photograph of the non-national (which, if not furnished by the non-national, may be taken by F28[a registration officer].
- If in government service, the service concerned, nature and duration of service, and rank and appointments held.
- Particulars of passport or other document establishing nationality and identity.
- Signature (which, if required, shall be in the characters of the language of the non-national’s nationality) and fingerprints if required by F28[a registration officer].
- Any other matter of which particulars are required by F28[a registration officer].
It is the duty of the keeper of every premises below applies to keep in the premises a register in the prescribed form of all non-nationals staying at the premises.
The Minister may make regulations in relation to the following matters:
- the duties of keepers of premises to which this section applies and of persons staying at such premises in relation to the making of entries in a register,
- the maintenance of a register,
- the furnishing and gathering of information required for entry in a register,
- the period for which a register is to be kept.
A register shall be produced by a keeper to a member of the Garda Síochána or an immigration officer if so requested by the member or officer. Contravention of the above requirements is an offence.
This applies to a hotel or other place in which lodging or sleeping accommodation is provided on a commercial basis.
Requirements as to documents of identity and supply of information.
Every person (other than a person under the age of 16 years) landing in the State shall be in possession of a valid passport or other equivalent document, issued by or on behalf of an authority recognised by the Government, which establishes his or her identity and nationality.
Every person landing in or embarking from the State shall furnish to an immigration officer, when requested to do so by that officer—
- the passport or other equivalent document
- such information in such manner as the immigration officer may reasonably require for the purposes of the performance of his or her functions.
A person who contravenes this requirement is guilty of an offence. In proceedings brought against a person for an offence under this section, it shall be a defence for the person to prove that, at the time of the alleged offence, he or she had reasonable cause for not complying with the requirements of this section to which the offence relates.
This does not apply to any person (other than a non-national) coming from, or embarking for, a place in the State, Great Britain or Northern Ireland.
A “non-national” means a person who is not—
- an Irish citizen,
- a citizen of the United Kingdom of Great Britain and Northern Ireland, or
- a person who has established a right to enter and be present in the State under the European Communities (Aliens) Regulations 1977 (S.I. No. 393 of 1977), he European Communities (Right of Residence for Non-Economically Active Persons) Regulations 1997 (S.I. No. 57 of 1997) or the European Communities (Free Movement of Persons) Regulations 2015 (S.I. No. 548 of 2015);
The “United Kingdom of Great Britain and Northern Ireland” includes the Channel Islands and the Isle of Man and “citizen of the United Kingdom of Great Britain and Northern Ireland” shall be construed accordingly.
Requirements as to production of documents.
Every non-national present in the State (other than a non-national under the age of 16 years) shall produce on demand—
- a valid passport or other equivalent document, issued by or on behalf of an authority recognised by the Government, which establishes his or her identity and nationality, and
- in case he or she is registered or deemed to be registered under The Immigration Act, his or her registration certificate.
A non-national who contravenes this provision is guilty of an offence. In proceedings brought it is a defence for the person to prove that, at the time of the alleged offence, he or she had reasonable cause for not complying to which the offence relates.
Offences and power of arrest without warrant.
A person guilty of an offence under the Immigration Act shall be liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both.
A member of the Garda Síochána may arrest without warrant a person whom he or she reasonably suspects to have committed an offence under the Immigration
Provision for particular non- nationals.
The Minister, an immigration officer or a member of the Garda Síochána may, by notice in writing, require a non-national who does not have permission to be in the State to comply with any or all of the following conditions:
- that he or she reside or remain in a particular district or place in the State;
- that he or she report at specified intervals to—an officer of the Minister, an immigration officer or a member of the Garda Síochána specified in the notice, or a registration officer];
- where, and only for so long as, it is reasonably necessary to facilitate his or her removal from the State in accordance with any enactment or other law, that he or she surrender his or her passport and any other travel document that he or she holds,
- and the non-national shall comply with the requirement.
A non-national who contravenes these provisions is guilty of an offence.
Where a non-national who is complying with a notice as a result of that compliance, fails to comply with the above requirements
- his or her compliance with the notice shall constitute reasonable cause and
- in proceedings, a certificate signed by the Minister, an immigration officer or a member of the Garda Síochána stating that the non-national concerned was, at the time of the alleged offence in compliance with the notice, shall, in the absence of evidence to the contrary, be proof of that fact.
Entry, search and seizure.
Where, on the sworn information of a member of the Garda Síochána not below the rank of sergeant, a judge of the District Court is satisfied that—
- it is reasonably necessary for the purpose of the enforcement of The Immigration Act that a place specified in the information should be searched by members of the Garda Síochána, or
- there are reasonable grounds for suspecting that evidence of or relating to an offence under The Immigration Act is to be found at a place specified in the information,
the judge may issue a warrant for the search of that place and any persons found at that place.
A warrant issued under this section shall authorise a named member of the Garda Síochána, alone or accompanied by such other members of the Garda Síochána and such other persons as may be necessary—
- to enter, within 7 days from the date of the warrant and if necessary by the use of reasonable force, the place named in the warrant,
- to search that place and any persons found there, and
- to seize anything found there, or anything found in the possession of a person present there at the time of the search, which that member reasonably believes to be evidence of or relating to an offence under the Immigration Act.
A member of the Garda Síochána acting in accordance with a warrant issued under this section may require any person found at the place where the search is carried out to give the member his or her name and address.
Any person who—
- obstructs or attempts to obstruct any member of the Garda Síochána acting in accordance with a warrant issued under subsection (1),
- fails or refuses to comply with a requirement under this section, or
- gives a name or address to such a member which is false or misleading, shall be guilty of an offence.
The Minister may, for the purposes of ensuring the integrity of the immigration system, the maintenance of national security, public order or public health or the orderly regulation of the labour market or for the purposes of reciprocal immigration arrangements with other states or the promotion of tourism, by order declare—
- that members of specified classes of non-nationals are not required to be in possession of a valid Irish visa within the meaning of the Immigration Act 2003 when landing in the State, or
- that members of specified classes of non-nationals are required to be in possession of a valid Irish transit visa within the meaning of that Act.
The Minister may by order amend or revoke an order.
The Minister or an immigration officer, where he or she considers it necessary for the purpose of ensuring the integrity of the immigration system or the operation of an arrangement relating to the Common Travel Area, may take or cause to be taken the fingerprints of a person for the purpose of the person’s application for an Irish visa or an Irish transit visa.
The Commissioner of the Garda Síochána shall arrange for the maintenance of a record of fingerprints taken.
There shall be paid to the Minister by the non-national concerned in respect of the making of an application for, or the giving of, a permission, or both, such fee (if any) as may be prescribed with the consent of the Minister for Public Expenditure and Reform.
There shall be paid to the registration officer concerned by the non-national concerned in respect of the issue of a registration certificate such fee (if any) as may be prescribed with the consent of the Minister for Public Expenditure and Reform.
There shall be paid to the Minister by the non-national concerned in respect of the issue of a travel document such fee (if any) as may be prescribed with the consent of the Minister for Public Expenditure and Reform.
The Minister may refuse to—
- consider an application for a permission,
- give a permission, or
- issue a travel document,
if the appropriate fee, prescribed , has not been paid.
The registration officer concerned may refuse to issue a registration certificate if the appropriate fee, prescribed has not been paid.
A fee payable under this section may be recovered by the person to whom it is payable from the person by whom it is payable as a simple contract debt in any court of competent jurisdiction.
Regulations may prescribe different fees to be paid in different circumstances or in respect of different permissions
Regulations under this section may provide for the waiver in specified circumstances of any prescribed fees, including fees payable by—
- adult persons unable without undue hardship to arrange for their payment for themselves and their dependants,
- applicants within the meaning of the Refugee 1996, and
- persons in respect of whom a declaration (within the meaning of that Act) is in force.
A “travel document” means a document (other than a document to which the Refugee Act 1996 refers) issued solely for the purpose of providing the holder with a document which can serve in lieu of a national passport.