Immigration Act 2004

Obligation of non-nationals to register.

9

9.—(1) (a) 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.

(b) The register may be in a form that is not legible if it is capable of being converted into a legible form.

(c) A registration officer may amend an entry in, or delete an entry from, the register.

F14[(2) Subject to section 2(2), a non-national shall comply with the following requirements as to registration:

(a) 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;

(b) 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;

(c) he or she shall—

(i) 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

(ii) 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);

(d) 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;

(e) he or she shall, on the request of a registration officer made for the purpose of compliance by a registration officer with subsection (4A)(b), produce his or her registration certificate to a registration officer.]

F14[(3) 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.]

(4) If a non-national who is required under this section 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 (F14[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 this Act in respect of the registration of or reporting by the non-national.

F15[(4A) Subject to section 19(3), a registration officer shall issue to a non‑national a registration certificate—

(a) on registration of the non-national, and

(b) 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.]

(5) A registration certificate shall be in such form and contain such particulars as may be prescribed.

(6) This section shall not apply to—

(a) a non-national who is under the age of 16 years;

(b) a non-national who was born in Ireland;

(c) 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;

(d) 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.

(7) A person who before the commencement of this Act obtained a registration certificate from a registration officer shall be deemed until the date on which the certificate is expressed to expire to have complied with the requirements of this section.

F15[(7A) (a) A person who is required under subsection (2), (3) or (4) 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 under paragraph (b).

(b) The Minister may, for the purposes of paragraph (a), 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.

(c) The Minister shall publish, on a website maintained by the Minister or the Government, the details of any matter specified by him or her for the purposes of paragraph (a).]

(8) A F14[person] who contravenes subsection (2), (3) or (4) shall be guilty of an offence.

(9) In this section, “register” means the register maintained under subsection (1) and cognate words shall be construed accordingly.

Annotations

Amendments:

F14

Substituted (22.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 30(a), (b), (c), (f), S.I. No. 370 of 2022, subject to transitional provisions in s. 40.

F15

Inserted (22.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 30(d), (e), S.I. No. 370 of 2022, subject to transitional provisions in s. 40.

F16

Deleted by Employment Permits (Amendment) Act 2014 (26/2014), s. 35(b), not commenced as of date of revision.

Modifications (not altering text):

C1

Prospective affecting provision: subs. (6)(a) deleted by Employment Permits (Amendment) Act 2014 (26/2014), s. 35(b), not commenced as of date of revision.

(a) F16[]

Editorial Notes:

E5

Fee under section may be waived (19.11.2012) in accordance with Immigration Act 2004 (Registration Certificate Fee) Regulations 2012 (S.I. No. 444 of 2012), reg. 4(a), in effect as per reg. 1(2).

E6

Power pursuant to subs. (5) exercised (16.08.2008) by Immigration Act 2004 (Registration Certificate) (Amendment) Regulations 2008 (S.I. No. 340 of 2008), in effect as per reg. 2.

E7

Power pursuant to subs. (5) exercised (8.03.2004) by Immigration Act 2004 (Registration Certificate) Regulations 2004 (S.I. No. 95 of 2004).

E8

Previous affecting provision: subss. (2)(e), (3) substituted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref. no. 22, not commenced; repealed (22.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 37, S.I. No. 370 of 2022.

E9

Previous affecting provision: fee under section may be waived (27.05.2006) in accordance with Immigration Act 2004 (Registration Certificate Fee) Regulations 2006 (S.I. No. 253 of 2006), reg. 4, in effect as per reg. 1(2); revoked (23.08.2008) by Immigration Act 2004 (Registration Certificate Fee) Regulations 2008 (S.I. No. 336 of 2008), reg. 5, in effect as per reg. 1(2).