Bernard Durkan (Kildare North, Fine Gael)
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Question 514: To ask the Minister for Justice, Equality and Law Reform if a person who has resided here for a number of years as student and part-time worker can obtain permission for extended residency to facilitate marriage to an Irish citizen; and if he will make a statement on the matter. [20664/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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Non-EEA nationals who have permission to remain in the State as students are entitled to take up casual employment (defined as up to 20 hours per week during school term and up to 40 hours per week during school holidays) for the duration of their permission to remain. The entitlement to take up employment ceases upon the expiry of their permission to remain as a student. There is no provision for the granting of residency solely on the basis that a non EEA national intends to marry an Irish national at a future date. Residency can only be granted based on the activity in which the person is engaged in, i.e. study, work, self sufficiency. It is open to the person concerned to contact the Immigration Division of my Department outlining their future intentions in the State, together with supporting documentation to allow their application be considered.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 515: To ask the Minister for Justice, Equality and Law Reform the reason for his decision to introduce a fee for the issuing of new immigration and residence certificates to non-EEA nationals; the further reason the figure of €100 was chosen; his views on the fact that this fee will impose a burden that many migrant workers will find difficult to meet and may result in an increase in undocumented migrants; and his further views on eliminating or reducing the fee or providing for an exemption for low-income workers. [20665/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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In line with international practice I introduced a fee for immigration registration certificates with effect from May 27 2006. The introduction of such a fee had been flagged both in the Immigration Act 2004, and in the discussion document containing the outline policy proposals for an Immigration and Residence Bill which was published in April 2005.

Non-EEA nationals who register with an immigration registration officer receive a secure residence document in the form of a Certificate of Registration (registration card). The provision of such high quality secure documents is an expensive process. The costs involved include the actual cost of the card itself which includes several security features (including a biometric chip), administrative work by registration officers in the form of checking of documentation and capture of registration details and a state-of-the-art computerised registration system operated by the Garda National Immigration Bureau (GNIB).

The State must provide the administrative resources and computer systems necessary to deal with the issuing of these residence documents and the practice internationally is to charge for the issuing of residence permits. Ireland has now introduced a similar charging system and the fee of €100 is in line with the amounts charged in other states.

To address the Deputy's question regarding eliminating or reducing the fee or providing for exemptions, I would like to take this opportunity to point out that the Regulations which I have introduced already provide for extensive exemptions from payment of the fee. There are six categories of persons who are exempt from payment of the fee and these categories are as follows: Persons in respect of whom a declaration of refugee status under section 17 of the Refugee Act 1996 is in force (Convention Refugees); Persons who have been reunified with such refugees under section 18 of the Refugee Act 1996; Programme refugees within the meaning of section 24 of the Refugee Act 1996; Persons who are under 18 years of age at the time of registration; Spouses of Irish citizens; Dependants of EU nationals who receive a residence permit under EU Directive 38/04.

The vast majority of the remaining categories of non-EEA nationals registered in Ireland will be resident on the basis that they are working, studying or self-sufficient. Such persons have been granted residency on the basis that they would be able to support themselves and would not be a burden on the State's resources. For such a person who has indicated that he/she has sufficient funds to reside in Ireland without becoming a burden on the State, the payment of €100, typically once a year, should not be too onerous considering that it works out as costing less than €2 per week.

It should also be noted that not all applicants will have to pay the fee on a yearly basis. Each individual will be charged for the issue of the registration certificate regardless of the certificate's duration, so in effect if a person is entitled to be registered for up to 5 years, he/she will only have to pay a fee of €100 for this certificate. I would also like to point out that the obligation of non-EEA nationals to register with a registration officer is set out in the Immigration Act 2004. I am satisfied that most people understand the great importance attached to abiding by immigration laws; however, any person who fails to meet their obligation to register is guilty of an offence under the Act and is liable to prosecution.