Written answers

Thursday, 21 September 2023

Department of Justice and Equality

Immigration Status

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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222. To ask the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 204 of 25 May 2023, the process to be followed to validate the residency of a person (details supplied); and if she will make a statement on the matter. [40939/23]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I can advise the Deputy that based on the information supplied, it has unfortunately not been possible to ascertain the appropriate process which the applicant should apply. Individuals wishing to reside in the State must apply under the scheme appropriate to their individual circumstances. There are various avenues available for those seeking to reside and work in the State and the application processes and relevant forms are set out on the immigration website www.irishimmigration.ie.

If more information can be provided my Department would be happy to re-examine the request.

I would encourage any person that remains resident in the State without an immigration permission to contact the Immigration Service Delivery (ISD) or their local immigration office and to take all the appropriate steps to regularise their status. Any application submitted should explain their current circumstances and future intentions in the State and provide any documentation they feel will support their application.

In all cases, people must engage with the authorities if they wish to be permitted to remain here legally. The Immigration Service Delivery (ISD) examines each application to remain in the State on a case-by-case basis and has consistently urged anyone in this position to come forward if they wish to apply to regularise their immigration position in the State.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (), which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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223. To ask the Tánaiste and Minister for Justice and Equality the procedure to be followed to upgrade a Stamp 2 to Stamp 4 to enable a person (details supplied) to work to fund their education; and if she will make a statement on the matter. [40940/23]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The person referred to by the Deputy currently holds a Stamp 2 immigration permission valid until 17 February 2024.

Although the primary purpose for being in the State is as a student, since April 2001, non-EEA nationals with permission to remain in the State as students, on a Stamp 2 immigration permission, and enrolled on courses with education providers listed on the Interim List of Eligible Programmes (ILEP) including English language courses, have been afforded the opportunity to work.

This allows them to take up casual employment to supplement their income while studying in Ireland. During term time, non-EEA students can work up to 20 hours per week and during normal college holiday periods they can work on a full time basis up to 40 hours per week.

It is also open to the person concerned to apply for a change of immigration permission if they meet the criteria for doing so. Detailed information on how to change immigration permission is available on the Immigration Service website at .

Queries in relation to the status of individual immigration cases may be made directly to my Department by email using the Oireachtas Mail facility at INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the email service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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224. To ask the Tánaiste and Minister for Justice and Equality if and when permission might be given to renew a Stamp 4 in the case of a person (details supplied); and if she will make a statement on the matter. [40941/23]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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An application for a Spouse of Irish National (SOIN) permission was received from the person referred to by the Deputy on 21 August 2023.

This application was deemed incomplete and correspondence issued to the person concerned on 06 September 2023, from the Domestic Residence and Permissions Unit of my Department, with details of how to re-apply with all the relevant information. Once the completed application is received it will be processed.

Queries in relation to the status of individual immigration cases may be made directly to my Department by email using the Oireachtas Mail facility at INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the email service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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225. To ask the Tánaiste and Minister for Justice and Equality the extent of eligibility for a Stamp 4 in the case of a person (details supplied); and if she will make a statement on the matter. [40943/23]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The person referred to in the Deputy's query made an application under the Regularisation of Long Term Undocumented Migrant Scheme. This application was refused and they were informed of this decision by letter dated 8 March 2023. They were further advised that they had the option to request a review of the decision on their application within 30 working days.

As no such request has been received within the allotted timeframe, this person now has no immigration status in the State. Their file will be forwarded to the Repatriation Division for their consideration and action.

It is open to them to direct any further queries to the Repatriation Division of my Department's Immigration Service by email to: repatadmin@justice.ie.

or by post to the following address:

Repatriation Division,Immigration Service,Department of Justice,13-14 Burgh Quay,Dublin 2,D02 XK70Ireland.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie), which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.

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