Written answers

Tuesday, 5 December 2006

Department of Justice, Equality and Law Reform

Residency Permits

11:00 pm

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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Question 181: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he will confirm that a person (details supplied) in west Cork has permission to remain in the State following their marriage to a citizen of the EU and their formal application lodged on 4 April 2006. [41371/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The person concerned submitted an application for residence on the basis that he is the spouse of an EU citizen, having married the EU citizen in Ireland on the 25 January, 2006.

The application has been examined under the provisions of the European Communities (Free Movement of Persons) Regulations 2006. These Regulations give effect in Irish Law to the European Directive on the rights of citizens of the Union and their family members to move and reside freely within the territory of the Member States (Directive 2004/38/EC).

An examination of the documentation submitted shows the person who is subject to Irish entry visa requirements did not obtain the appropriate Irish entry visa prior to their arrival in the State. While he was issued with a UK entry visa this only entitled him to enter the territory of the United Kingdom. UK entry visas are not valid for entry to this State . It is therefore the case that the person entered the State illegally, and has remained illegally in the State for a number of years.

I understand that the Immigration Division of my Department has recently informed the person concerned that he does not qualify for residence on the basis sought. A further letter will be issued to him shortly outlining the various options open to him.

Photo of Jack WallJack Wall (Kildare South, Labour)
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Question 182: To ask the Tánaiste and Minister for Justice, Equality and Law Reform when a person (details supplied) in County Kildare will be entitled under his Department's guidelines and records of the person to make an application for a long-term residency visa; and if he will make a statement on the matter. [41488/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The position in relation to granting long term residency is as follows: Persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions 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 dependants of the aforementioned, who have been legally resident in the State for over five years may also apply for long term residency. This particular long term permission does not grant an exemption from employment permit requirements to any such dependants.

Time spent in the State on student conditions cannot be counted towards long term residency.

While applications for long term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date. I understand that applications received in May 2006 are currently being dealt with.

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