Written answers

Thursday, 7 December 2006

Department of Justice, Equality and Law Reform

Residency Permits

7:00 pm

Photo of Olwyn EnrightOlwyn Enright (Laois-Offaly, Fine Gael)
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Question 106: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if a work permit from 10 January 2005 to 9 January 2006, 10 January 2004 to 9 January 2005, 10 January 2003 to 9 January 2004 together with an application of 1 July 1999 to 30 June 2000 have been included in the time spent in the State by a person (details supplied) in County Offaly together with an application submitted which was left pending in his Department for 12 months prior to the submission of a new work permit; if consideration in relation to the application which was not processed can be included in the calculation of time spent in the State; and if he will make a statement on the matter. [42252/06]

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.

Long term residency is granted on the basis that a non EEA national has completed five years (60 months) legal residence in the State on Work Permit conditions which is reflected in the corresponding Stamp 1 endorsements in a person's passport and not by the dates of commencement and expiry of each Work Permit. Subsequently, in calculating the reckonable period of 60 months legal residence, the Immigration Division of my Department only takes into consideration time spent in the State legally on work permit conditions. However, periods of time, where a person has not had legal residence (i.e.: having an up to date endorsement on Work Permit conditions in their passport) cannot be counted towards an application for long term residency.

The Immigration Division has no record of having any application from the person concerned pending for 12 months. On foot of representations received on the 26th April 2006 and a Parliamentary Question put down for answer on the 6th July 2006 (PQ 28110/06) the Immigration Division contacted the person concerned in writing requesting documentation in support of the application. The application was considered under the criteria for long term residency and a decision was made to refuse the application as he did not have the required residency.

However, in light of the particular circumstances, he was granted permission to remain in the State on the 24th October 2006 for a 4 month period to allow a prospective employer obtain a work permit on his behalf. He was also advised that in the event that a work permit was not obtained on his behalf, he should contact the Immigration Division to enable them review his case further. Enquiries made with the Garda National Immigration Bureau indicate that the person concerned has recently regularised his immigration status in line with the permission to remain granted, as outlined above.

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