Damien English (Meath, Fine Gael)
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Question 225: To ask the Tánaiste and Minister for Justice, Equality and Law Reform further to his reply to Parliamentary Question No. 242 of 27 February 2007, if a person (details supplied) can now qualify for long term residency as evidence from the Office of the Revenue Commissioners shows that this person has been in continuous legal employment in this State since 1 July 2000; and if he will make a statement on the matter. [11517/07]

Michael 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 (ie: having an up to date endorsement on Work Permit conditions in their passport) cannot be counted towards an application for long term residency.

On foot of a Parliamentary Question put down for answer on the 27th February, 2007 (PQ No. 242) the Immigration Division contacted the person concerned in writing as she did not meet the qualifying criteria for long term residency and her permission to remain had not been renewed since 9th May 2006.

In light of the particular circumstances, she was granted permission to remain in the State on the 26th February 2007 for a 4 month period to allow a prospective employer obtain a work permit on her behalf.

Enquiries made with the Garda National Immigration Bureau indicate that the person concerned has not attended her immigration office to regularise her immigration status in line with the permission to remain granted, as outlined above. She should now make arrangements to attend at her local immigration office to have the appropriate permission to remain endorsed in her passport.

It is open to her to resubmit her application for Long Term Residency when she has completed 60 months legal residence in the State as per endorsements in her passport.