Written answers

Tuesday, 7 March 2006

Department of Justice, Equality and Law Reform

Residency Permits

11:00 pm

Photo of Gerard MurphyGerard Murphy (Cork North West, Fine Gael)
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Question 482: To ask the Minister for Justice, Equality and Law Reform if a person (details supplied) withdraws their application as requested by his Department from the MIN section to allow their application to be considered under EU section that in the event of it being necessary to re-enter the MIN application the date of application will be deemed to be that date shown in the original application. [9381/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The person in question was not requested by the immigration division of my Department to withdraw their application for residency based solely on marriage to an Irish national in favour of their application made under EU regulations. Legal representatives of the person in question were contacted by phone by an officer of my Department and advised of the timeframes involved in processing the different applications. Applications for residency based solely on marriage to an Irish national take 16 months to process while under EU legislation such residency applications by dependents of an EU national must be completed within six months.

The legal representative of the person in question opted for the scheme with the shorter timeframe and he was asked to confirm the chosen option in writing. The legal representative of the person in question was given a verbal undertaking that if his client was unsuccessful in his application for residency under EU regulations then the application based solely on marriage to an Irish national would be reactivated with effect from the original date of receipt which was February 2006.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 483: To ask the Minister for Justice, Equality and Law Reform the progress which has been made on the application for naturalisation made by a person (details supplied) in County Dublin; and if he will make a statement on the matter. [9431/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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An application for a certificate of naturalisation from the person referred to by the Deputy was received in the citizenship section of my Department on 30 March 2005 and, in the normal course, it would fall to be finalised in or around March 2007. However, the person concerned entered the State in January 2001 and was resident here for less the statutory five year period at the time of his application. Since it was not evident that he belonged to a category of applicant to which a lesser residency requirement would apply, such as spouse of an Irish citizen, refugee or stateless person, he was not eligible to apply for naturalisation when he did.

The person concerned has had uninterrupted permission to remain in the State since January 2001 and now meets the statutory residency criteria. It is open to him to submit a new application at any time. Any such application will be examined against the other statutory criteria for naturalisation prior to being referred to me for a decision. My officials will be writing to the person concerned in the next few days setting out the position. A new application form will be forwarded to him at that stage.

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