Gerard Murphy (Cork North West, Fine Gael)
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Question 468: To ask the Minister for Justice, Equality and Law Reform the position regarding the 60 months requirement for a permanent work visa (details supplied). [16502/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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There is currently no provision in Irish immigration legislation for granting permanent residency in respect of persons who are the holders of work permits/work visa/work authorisation. However, in relation to granting long term residency which was introduced by way of administrative procedures in May 2004, the position is as follows: Persons who have been legally resident in the State for over five years (ie: 60 months) on the basis of work permit/work authorisation/work visa conditions, which is reflected in the corresponding Stamp 1 endorsement in a person's passport, 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 application for an exemption from work permit requirements from the person concerned was refused on the basis that he only provided evidence of 38 months residency on work permit conditions.

It is noted that the person concerned has permission to remain in the State until the 7th October 2006 on work permit conditions. It would appear that the most appropriate route to citizenship for the person concerned 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.

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.