Marian Harkin (Sligo-Leitrim, Independent)
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Question 402: To ask the Minister for Justice, Equality and Law Reform the status of the application for residency by a person (details supplied) in County Roscommon; and the policy of his Department on long-term residents of the State obtaining residency permits. [11789/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The immigration division of my Department has recently granted the person referred to by the Deputy permission to remain in the State and she was advised to attend her local immigration office to have her passport endorsed accordingly.

The policy of my Department on long-term residency in the State varies according to the circumstances of the individual case. The principles governing the making of decisions on residency were set out for the first time in statutory form in section 4(10) of the Immigration Act 2004. Such decisions are informed by all of the circumstances of the non-national concerned and, in particular but without prejudice to the generality of the foregoing, to the following matters: the stated purpose of the original visit to the State and the intended duration of the stay in the State; any family relationships, whether of blood or through marriage, of the person with persons in the State; the person's income, earning capacity and other financial resources; the financial needs, obligations and responsibilities which the person has or is likely to have in the foreseeable future; whether the person is likely to comply with any proposed conditions as to duration of stay and engagement in employment, business or profession in the State; and any entitlements which the person may have under European Community law.

Subject to the foregoing, the initial permissions generally granted to non-EEA nationals to reside in the State are time limited and subjected to restrictions on engagement in employment or business. Thus, for example, non-EEA national workers are in the main subject to the employment permit requirement for five years. Thereafter they may apply for permission to remain for a five-year period without restriction as to employment. Finally, after eight years of residence in the State, such a person may apply for permission without condition as to time. Restrictions on employment may be lifted at an earlier stage for certain classes of person, including non-EEA national spouses of Irish or EEA nationals.

In determining the reckonability of prior residency and the consequent extent to which conditions may be ameliorated, periods of unlawful residence and periods of lawful residence as an asylum seeker or as a student are not generally taken into account save where permission is granted on a humanitarian basis.

The recently published document, Immigration and Residence in Ireland — Outline Policy Proposals for an Immigration and Residence Bill, contains information on these matters at pages 95 to 102. That document is intended both to inform and stimulate public debate on the complex web of issues surrounding the immigration phenomenon as I continue the work of preparing legislation for publication later in the year. I would like to hear the views of anyone who wishes to comment on the proposals contained in the document. A copy of the document is available on my Department's website at www.justice.ie.