Written answers

Tuesday, 6 December 2005

Department of Justice, Equality and Law Reform

Residency Permits

9:00 pm

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail)
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Question 378: To ask the Minister for Justice, Equality and Law Reform when a person (details supplied) in County Laois will receive his long-term residency permit or citizenship. [37768/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The position regarding granting long-term residency is that persons who have been legally resident in the State for over five years, that is, 60 months, on the basis of work permit, work authorisation or work visa conditions, may apply to the immigration division of my Department for a five-year residency extension. In that context, they may also apply to be exempt from employment permit requirements. The dependants of the aforementioned, who have been legally resident in the State for over five years, that is, 60 months, may also apply for long-term residency. This particular long-term permission does not exempt the person from employment permit requirements.

The immigration division of my Department is currently giving priority to applications for a long-term residency extension in respect of persons who fulfil the legal residency criteria and whose permission to remain expires in the coming weeks.

It is noted that the person concerned has permission to remain in the State until October 2006.

As far as the person concerned obtaining Irish citizenship is concerned, it would appear that the most appropriate route to citizenship would be the process of naturalisation. The Minister for Justice, Equality and Law Reform may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. Those conditions are that the applicant must be of full age, or by way of exception, be a minor born in the State, be of good character, have had a period of one year's continuous residency in the State immediately before the date of the application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years, intend in good faith to continue to reside in the State after naturalisation and have made, either before a judge of the District Court in open court or in such a manner as the Minister, for special reasons allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State.

It should be noted that in the context of naturalisation, certain periods of residence in the State are excluded. These include periods of residence in respect of which an applicant does not have permission of the Minister to remain in the State, or where such permission was granted for the purposes of study or seeking recognition as a refugee within the meaning of the Refugee Act 1996.

Photo of Seán HaugheySeán Haughey (Dublin North Central, Fianna Fail)
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Question 379: To ask the Minister for Justice, Equality and Law Reform if an application by a person for residency on the basis of marriage to an Irish national (details supplied) will be expedited; and if he will make a statement on the matter. [37785/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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An application for permission to remain in the State based on marriage to an Irish national was received from the person concerned in October 2005. Applications of this type are dealt with in chronological order, in fairness to all such applicants and currently take 16 to 18 months to process. It should be noted that marriage to an Irish national does not confer an automatic right of residence in the State.

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