Following a review by the Interdepartmental Committee on a new immigration regime for non-EEA students, the Department of Justice and Law Reform will be implementing key policy changes for non-EEA students. The main changes which will come into effect on January 1, 2011 include:
New Student Tiers
The system will be more targeted with different measures applying to students depending on whether they are categorised as: (a) Degree Programme or (b) Language and Non Degree Programme. 'Degree Programme' will apply to students who are registered on academic programmes at National Framework of Qualifications (NFQ) Level 7 or above. The 'Language and Non Degree Programme' category will apply to students undertaking English language courses or academic programmes below level 7 in the NFQ. Level 5 is the minimum level for which non-EEA students can register.
New Time Limits
The maximum time a student can be present in the State enrolled on a course in the Language and Non Degree Programme category will be 3 years. At the end of the 3 years, the right to remain in the State will expire unless the student is accepted onto an academic programme at NFQ Level 7 or above.
Overall, non-EEA student permission in Ireland will be limited to 7 years. Occasionally, exceptions may be made e.g. at PhD level or for programmes which have a longer duration e.g. medicine.
Transitional Measures
Existing students, who find themselves timed out due to the new measures being introduced on January 1, should look at the transitional provisions which are outlined from pages 13 to 15 and 45 to 48 of the Final Report and Recommendations of the Interdepartmental Committee. From January 1, existing Non-degree students, who have already been registered students for 3 years, will only be allowed to re-register for their second year of a non language course at NFQ level 5 or 6 provided they meet the required 85% attendance rule. At the end of this period, they would have to enrol on a Degree Programme in order to remain in Ireland as a student.
From January 1 2011, existing legally registered students who have already completed 7 years as a student will only be allowed to re-register if they are starting their second or subsequent year of a Degree Programme at NFQ Level 7 or above. At the end of this course, they may be permitted to register for a Masters or PhD programme – once they can demonstrate to GNIB that they are making academic progress on the NFQ.
Timed Out Students
There are provisions in place for students who are unable to re-register with GNIB for a course because of the new regime e.g. a student who has been in Ireland for over 7 years and is not enrolled on year two or subsequent year of a course at NFQ Level 7 or above. Such students will be eligible for a 6 month extension of their permission. During this period, timed out students will be entitled to work full time. At the end of the 6 months, if the students have not secured another legal status to remain in Ireland e.g. work permit, they will have to leave the State.
Graduate Employment Scheme
The period allowable under the Graduate Employment Scheme was extended from 6 to 12 months, with effect from 28th October 2010, for students whose degree is at a minimum of level 8 on the NFQ. Students on level 7 will only be offered the 6 month scheme, as before. It should be noted that the Graduate Employment Scheme can be availed of on a one-off basis only and students who avail of the scheme will not be eligible to re-register as students, regardless of their level.
December 2010