Written answers

Thursday, 3 November 2005

Department of Justice, Equality and Law Reform

Visa Applications

5:00 pm

Photo of Damien EnglishDamien English (Meath, Fine Gael)
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Question 227: To ask the Minister for Justice, Equality and Law Reform if he will review the refusal of a visa for a person (details supplied); if he will overrule the decision; and if he will make a statement on the matter. [32147/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The visa application in question was received in my Department on 14 June 2005. In assessing any visa application, the visa officer will have regard to information provided with the application and to factors such as the applicant's ties and general circumstances in their country of origin. In assessing this application, the visa officer decided that insufficient evidence of obligations of a social, economic or professional nature was provided and therefore the visa officer could not be satisfied that the applicant would adhere to the conditions of the visa if approved.

There is no record of an appeal having been lodged in this case, and the two month timeframe in which the decision can be appealed has expired. It is open to the applicant to make a fresh application enclosing up to date supporting documentation and the application will of course be considered anew.

Photo of Damien EnglishDamien English (Meath, Fine Gael)
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Question 228: To ask the Minister for Justice, Equality and Law Reform if he will review the visa application for a person (details supplied); and if he will make a statement on the matter. [32148/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The visa application referred to by the Deputy was refused by my Department in November 2004. The visa was sought to enable a non-EEA national join with her spouse, also a non-EEA national employed under the work permit scheme.

When assessing applications of this type, the visa officer will consider, among other factors, whether the level of salary of the worker would come within the ambit of qualifying for payment from public funds. In this regard, the criteria set by the Department of Social and Family Affairs for eligibility for family income supplement payment, FIS, have been used. The criteria, which may change from time to time, are available on that Department's website at www.welfare.ie/ publications/sw22.html.

If the level of the worker's income as evidenced by his or her payslips or P60 would qualify for FIS payments, the application for a visa is generally refused, as happened in this case. An appeal against the refusal of the application was received by my Department in December 2004. However, the visa appeals officer upheld the original decision to refuse the application. It is open to the applicant to make a fresh application. Any such application should include up to date supporting documentation, and this will be considered anew.

Photo of Damien EnglishDamien English (Meath, Fine Gael)
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Question 229: To ask the Minister for Justice, Equality and Law Reform if he will review the visa application for a person (details supplied); and if he will make a statement on the matter. [32149/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The visa application referred to by the Deputy was refused by my Department in January 2005. The visa was sought to enable a non-EEA national join with her spouse, also a non-EEA national employed under the work permit scheme.

When assessing applications of this type, the visa officer will consider, among other factors, whether the level of salary of the worker would come within the ambit of qualifying for payment from public funds. In this regard, the criteria set by the Department of Social and Family Affairs for eligibility for family income supplementpayment, FIS, have been used. The criteria,which may change from time to time, areavailable on that Department's website at www.welfare.ie/publications/sw22.html.

If the level of the worker's income as evidenced by his or her payslips or P60 would qualify for FIS payments, the application for a visa is generally refused, as happened in this case. An appeal against the refusal of the application was received by my Department in February 2005. However, the visa appeals officer upheld the original decision to refuse the application. It is open to the applicant to make a fresh application. Any such application should include up to date supporting documentation, and this will be considered anew.

Photo of Damien EnglishDamien English (Meath, Fine Gael)
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Question 230: To ask the Minister for Justice, Equality and Law Reform the financial criteria an applicant must meet in order to avoid their residency resulting in a cost to public resources; and if he will make a statement on the matter. [32150/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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When assessing applications of this type, the visa officer will consider, among other factors, whether the level of salary of the worker would come within the ambit of qualifying for payment from public funds. In this regard the criteria set by the Department of Social and Family Affairs for eligibility for family income supplement payment, FIS, have been used. The criteria, which may change from time to time, are available on that Department's website at www.welfare.ie/publications/sw22.html.

If the level of the worker's income as evidenced by his or her payslips or P60 would qualify for FIS payments, the application for a visa is generally refused. The visa officer will expect to see sufficient evidence of the financial status of the applicant, in the form of a P60 for the most recent tax year, several payslips, and detailed bank statements covering, at a minimum, a two to three month period. The documentation supplied should demonstrate a consistent financial history and evidence of regular income.

In the case of visa-required family members of non-EEA national workers, the general rule is that after the worker has been in the State for 12 months and has been offered employment for a further 12 months, they may be joined by their families. This is subject to the worker being able to support the family without recourse to public funds.

The procedures for dealing with visa applications from family members of work permit holders who wish to join that worker in the State are currently under consideration as part of ongoing developments within the Irish naturalisation and immigration service.

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