Written answers

Wednesday, 5 July 2006

Department of Justice, Equality and Law Reform

Residency Permits

12:00 pm

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Question 393: To ask the Minister for Justice, Equality and Law Reform the amount non-EU nationals pay for a working residence permit stamp and a student residence permit stamp; the way in which the annual cost to the applicant compares to costs for residency permits in other EU countries; and if he will make a statement on the matter. [26855/06]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Question 394: To ask the Minister for Justice, Equality and Law Reform the amount Chinese nationals are required to pay for a working residence permit stamp and a student residence permit stamp; the number of times they are required to renew the permit; the way in which the cost to the applicant compares to costs for residency permits with other EU countries; and if he will make a statement on the matter. [26856/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 393 and 394 together.

I presume that the Deputy is referring to the introduction of a fee for Immigration Registration Certificates and not to the cost for the issuance of work permits, which is a matter for the Department of Enterprise, Trade and Employment.

All legally resident non-EEA nationals (including Chinese nationals) who have entered the State with the intention of residing in Ireland for a period of more than three months must register with their local immigration registration officer. The fee charged does not vary based on the nationality of the individual being registered.

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). From 27 May 2006, a fee of €100 is charged in respect of each such certificate of registration issued to a non-EEA national, subject to certain exemptions (outlined below). The introduction of such a fee has been flagged both in the Immigration Act 2004, and in the discussion document containing the outline policy proposals for an Immigration, Residence and Protection Bill.

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.

The fees charged in other countries may vary depending on the grounds on which one is residing in the State, or depending on the duration of the permit. For instance in the Netherlands the fee charged ranges from €188 to €830 according to the grounds on which a person is residing in the country (i.e. depending on whether they are entering the country to work, or to study, or to reside with a relative etc.), and in Greece the fee charged ranges from €147 to €880 according to the duration of the permit (i.e. 1 year or less costs €147, 1-2 years costs €294, 2-6 years costs €440, and over 6 years costs €880).

It should be noted that in other EU countries the fee charged may also vary depending on the age of the applicant. Some countries charge minors for the issuance of these residence permits (albeit at a reduced rate) whereas Ireland has exempted all persons under the age of 18 from payment of the fee.

Furthermore, it should also be noted that in Ireland 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 more than one year, he/she will still only have to pay a fee of €100 for this certificate.

If a non-EEA national is granted permission to remain based on student conditions, the standard practice by the Garda National Immigration Bureau (GNIB) is to grant permission to remain in-line with the duration of the course. There are of course circumstances whereby an Immigration officer may deem it necessary to grant a student a shorter time frame than the duration of the course, however, this is the exception rather than the rule.

I would also like to take this opportunity to point out that the Regulations which I have introduced provide for 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:

1. Persons in respect of whom a declaration of refugee status under section 17 of the Refugee Act 1996 is in force (Convention Refugees);

2. Persons who have been reunified with such refugees under section 18 of the Refugee Act 1996;

3. Programme refugees within the meaning of section 24 of the Refugee Act 1996;

4. Persons who are under 18 years of age at the time of registration;

5. Spouses of Irish citizens;

6. Dependants of EU nationals who receive a residence permit under EU Directive 38/04.

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