Immigration Act, 2004

JurisdictionIreland
CitationIR No. 1/2004
Year2004


Number 1 of 2004


IMMIGRATION ACT 2004

REVISED

Updated to 14 December 2022


This Revised Act is an administrative consolidation of the Immigration Act 2004. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Personal Injuries Resolution Board Act 2022 (42/2022), enacted 13 December 2022, and all statutory instruments up to and including the Immigration Act 2004 (Registration Certificate Fee) (Amendment) Regulations 2022 (S.I. No. 667 of 2022), made 14 December 2022, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 1 of 2004


IMMIGRATION ACT 2004

REVISED

Updated to 14 December 2022


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Civil Law (Miscellaneous Provisions) Act 2022 (19/2022)

Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022)

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020)

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019)

Diplomatic Relations (Miscellaneous Provisions) Act 2017 (33/2017)

International Protection Act 2015 (66/2015)

Employment Permits (Amendment) Act 2014 (26/2014)

Civil Law (Miscellaneous Provisions) Act 2011 (23/2011)

All Acts up to and including Personal Injuries Resolution Board Act 2022 (42/2022), enacted 13 December 2022, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Immigration Act 2004 (Registration Certificate Fee) (Amendment) Regulations 2022 (S.I. No. 667 of 2022)

Immigration Act 2004 (Visas) (Amendment) (No. 3) Order 2022 (S.I. No. 533 of 2022)

Immigration Act 2004 (Visas) (Amendment) (No. 2) Order 2022 (S.I. No. 364 of 2022)

Immigration Act 2004 (Visas) (Amendment) Order 2022 (S.I. No. 86 of 2022)

Immigration Act 2004 (Visas) (Amendment) (No. 6) Order 2021 (S.I. No. 746 of 2021)

Immigration Act 2004 (Visas) (Amendment) (No. 5) Order 2021 (S.I. No. 643 of 2021)

Immigration Act 2004 (Visas) (Amendment) (No. 4) Order 2021 (S.I. No. 640 of 2021)

Immigration Act 2004 (Visas) (Amendment) (No. 3) Order 2021 (S.I. No. 538 of 2021)

Immigration Act 2004 (Registration Certificate Fee) (Amendment) Regulations 2021 (S.I. No. 403 of 2021)

Immigration Act 2004 (Visas) (Amendment) (No. 2) Order 2021 (S.I. No. 287 of 2021)

Immigration Act 2004 (Visas) (Amendment) Order 2021 (S.I. No. 23 of 2020)

Immigration Act 2004 (Visas) (Amendment) (No. 2) Order 2020 (S.I. No. 729 of 2020)

Immigration Act 2004 (Visa) (Amendment) Order 2020 (S.I. No. 262 of 2020)

Immigration Act 2004 (Visas) (Amendment) Order 2018 (S.I. No. 17 of 2018)

Immigration Act 2004 (Registration Certificate Fee) (Amendment) Regulations 2017 (S.I. No. 277 of 2017)

Immigration Act 2004 (Visas) (Amendment) Order 2017 (S.I. No. 264 of 2017)

Immigration Act 2004 (Immigrant Investor Programme) (Application for Permission) (Fee) Regulations 2017 (S.I. No. 10 of 2017)

Immigration Act 2004 (Visas) (Amendment) Order 2016 (S.I. No. 502 of 2016)

Immigration Act 2004 (Visas) (Amendment) (No. 2) Order 2015 (S.I. No. 513 of 2015)

Immigration Act 2004 (Visas) (Amendment) Order 2015 (S.I. No. 175 of 2015)

Immigration Act 2004 (Student Probationary Extension) (Giving of Permission) (Fee) Regulations 2015 (S.I. No. 133 of 2015)

Immigration Act 2004 (Visas) Order 2014 (S.I. No. 473 of 2014)

Immigration Act 2004 (Visas) (Amendment) Order 2014 (S.I. No. 195 of 2014)

Immigration Act 2004 (Visas)(Amendment) Order 2013 (S.I. No. 428 of 2013)

European Union (Subsidiary Protection) Regulations 2013 (S.I. No. 426 of 2013)

Immigration Act 2004 (Atypical Working Scheme) (Application for Permission) (Fee) Regulations 2013 (S.I. No. 324 of 2013)

Immigration Act 2004 (Registration Certificate Fee) Regulations 2012 (S.I. No. 444 of 2012)

Immigration Act 2004 (Visas) Order 2012 (S.I. No. 417 of 2012)

Immigration Act 2004 (Start-Up Entrepreneur Programme) (Application for Permission) (Fee) Regulations 2012 (S.I. No. 259 of 2012)

Immigration Act 2004 (Immigrant Investor Programme) (Application for Permission) (Fee) Regulations 2012 (S.I. No. 258 of 2012)

Immigration Act 2004 (Registration Certificate Fee) Regulations 2011 (S.I. No. 449 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Immigration Act 2004 (Travel Document Fee) Regulations 2011 (S.I. No. 403 of 2011)

Immigration Act 2004 (Visas) (No. 2) Order 2011 (S.I. No. 345 of 2011)

Immigration Act 2004 (Visas) Order 2011 (S.I. No. 146 of 2011)

Immigration Act 2004 (Visas) (No. 2) Order 2009 (S.I. No. 453 of 2009)

Long Term Residency (Fees) Regulations 2009 (S.I. No. 287 of 2009)

Immigration Act 2004 (Visas) Order 2009 (S.I. No. 239 of 2009)

Immigration Act 2004 (Registration Certificate) (Amendment) Regulations 2008 (S.I. No. 340 of 2008)

Immigration Act 2004 (Registration Certificate Fee) Regulations 2008 (S.I. No. 336 of 2008)

Immigration Act 2004 (Visas) (No. 2) Order 2006 (S.I. No. 657 of 2006)

Immigration Act 2004 (Registration Certificate Fee) Regulations 2006 (S.I. No. 253 of 2006)

Immigration Act 2004 (Visas) Order 2006 (S.I. No. 227 of 2006)

Immigration Act 2004 (Visas) Order 2005 (S.I. No. 363 of 2005)

Immigration Act 2004 (Registration Certificate) Regulations 2004 (S.I. No. 95 of 2004)

Immigration Act 2004 (Approved Ports) Regulations 2004 (S.I. No. 57 of 2004)

Immigration Act 2004 (Visas) Order 2004 (S.I. No. 56 of 2004)

All statutory instruments up to and including Immigration Act 2004 (Registration Certificate Fee) (Amendment) Regulations 2022 (S.I. No. 667 of 2022), made 14 December 2022, were considered in the preparation of this revision.


Number 1 of 2004


IMMIGRATION ACT 2004

REVISED

Updated to 14 December 2022


ARRANGEMENT OF SECTIONS


Acts Referred to

Air Navigation and Transport (Preinspection) Act 1986

1986, No. 18

Aliens Act 1935

1935, No. 14

Criminal Justice (Theft and Fraud Offences) Act 2001

2001, No. 50

Diplomatic Relations and Immunities Act 1967

1967, No. 8

Employment Permits Act 2003

2003, No. 7

European Communities Acts 1972 to 2003

Illegal Immigrants (Trafficking) Act 2000

2000, No. 29

Immigration Act 1999

1999, No. 22

Immigration Act 2003

2003, No. 26

Irish Nationality and Citizenship Act 1956

1956, No. 26

Irish Nationality and Citizenship Act 2001

2001, No. 15

Public Offices Fees Act 1879

42 & 43 Vict., c.58

Refugee Act 1996

1996, No. 17

Road Transport Act 1932

1932, No. 2

Social Welfare (Consolidation) Act 1993

1993, No. 27

Social Welfare (Miscellaneous Provisions) Act 2003

2003, No. 4


Number 1 of 2004


IMMIGRATION ACT 2004

REVISED

Updated to 14 December 2022


AN ACT TO MAKE PROVISION, IN THE INTERESTS OF THE COMMON GOOD, FOR THE CONTROL OF ENTRY INTO THE STATE, THE DURATION AND CONDITIONS OF STAY IN THE STATE AND OBLIGATIONS WHILE IN THE STATE OF NON-NATIONALS AND TO PROVIDE FOR RELATED MATTERS. [13th February, 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1

1.—(1) In this Act, except where the context otherwise requires—

“the Act of 1996” means the Refugee Act 1996;

“the Act of 1999” means the Immigration Act 1999;

“embarking” includes departure by any form of conveyance and departure over a land frontier;

“Great Britain” includes the Channel Islands and the Isle of Man;

“immigration officer” shall be construed in accordance with section 3;

“keeper”, in relation to premises...

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