Paul Gogarty (Dublin Mid West, Green Party)
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Question 305: To ask the Minister for Justice, Equality and Law Reform if an Australian citizen residing here on a working visa can commence an approved third level course before the end of that visa or if they need to apply for a student visa in the meantime; and if he will make a statement on the matter. [40124/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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It is not clear from the details supplied whether the person in question is in the State on the basis of a work permit or a working holiday visa. If the person is residing in the State on work permit conditions, he or she can undertake a part-time evening college course, which would not be in conflict with the conditions of residency in the State. If the course is a full-time day course with a weekly duration of 15 hours or more, however, the person should return to their immigration officer to seek a change of status to student conditions. They should take with them evidence of registration on the course concerned, evidence of fees paid, evidence that he or she is in a position to maintain themselves financially and evidence of full medical insurance. If the person is in the State on a working holiday visa, the criteria of the scheme require that he or she should leave the State after the 12-month period ends.

Paul Gogarty (Dublin Mid West, Green Party)
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Question 306: To ask the Minister for Justice, Equality and Law Reform the reason a visa application and subsequent appeal was refused to persons (details supplied); and if he will make a statement on the matter. [40125/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The applications in question were received by the Department of Justice, Equality and Law Reform on 27 July 2005. When assessing applications of this type, the visa officer considers, among other factors, whether the level of salary of the worker would come within the ambit of qualifying for payment from public funds. The criteria set by the Department of Social and Family Affairs for eligibility for family income supplement payment have been used in this regard. Details of the criteria, whichmay change from time to time, are available on the Department's website, www.welfare.ie/ publications/sw22.html. In the case of visa-required family members of non-EEA national workers, the general principle is that after workers have been in the State for 12 months and have been offered employment for a further 12 months, they may be joined by their families, subject to the workers being able to support their families without recourse to public funds or resources. An appeal of the decision to refuse the visa applications in question was submitted, but the visa appeals officer was unable to conclude that the initial decision should be overturned and, consequently, the applications were refused on appeal. The procedures for dealing with visa applications from family members of work permit holders who wish to join such workers in the State, including the applicable income thresholds, are under consideration as part of ongoing developments in the naturalisation and immigration service. If the circumstances of the applicants change, it is open to them to make a fresh application supported by current documentation. The Department of Justice, Equality and Law Reform will be happy to consider such an application.