Written answers

Wednesday, 25 January 2006

Department of Justice, Equality and Law Reform

Residency Permits

8:00 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 1067: To ask the Minister for Justice, Equality and Law Reform if access to residency will be made available after two years whether on visa or work permit and family reunification for those who wish; and if he will make a statement on the matter. [1055/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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In considering changes to the immigration system in the context of the proposed Immigration and Residence Bill, the areas of family reunification and residence status for migrants are being considered fully.

At present there is no system of "long-term resident" or "permanent resident" in the Irish immigration system. A person can after a period of time obtain permssion to remain "without condition as to time". I am, however, examining the possibility of introducing a new status of "long-term resident". What is being considered is a new status whereby a person who has been legally resident in the State for a period of five years could apply for long-term resident status. The entitlements of long-term resident status would be greater than those of short-term or temporary residents and would in many respects be similar to those given to Irish citizens. A model which could be followed is that contained in the European Council directive on the status of long-term residents.

The present position relating to the admission of family members to Ireland to join non-EEA nationals already here is as as follows. In all cases the person must be in a position to support his/her family without recourse to public funds. A non-EEA national who is not visa required and is working in the State on an employment permit or under the work authorisation scheme may apply for family reunification — spouse, minor child — immediately. A non-EEA national who is working in the State under the working visa scheme may be joined by his/her family — spouse, minor children — in the State after three months. A non-EEA national who is visa required and is working in the State on an employment permit may apply for family reunification — spouse, minor child — on condition that he/she has been working here for at least 12 months and is likely to remain so for a similar period, that is, the work permit has been renewed.

I should point out that, as a matter of course, my Department reviews the situation regarding family reunification and residence status for migrants on an ongoing basis.

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