Written answers

Tuesday, 26 June 2007

Department of Justice, Equality and Law Reform

Residency Permits

10:00 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 722: To ask the Minister for Justice, Equality and Law Reform if he will reverse his Department's recent decision to deny residency to non-EU spouses of EU citizens unless they have previously lived in another EU country; and if he will make a statement on the matter. [17578/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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On 28 April 2006 the European Communities (Free Movement of Persons) Regulations 2006 were brought into force. The Regulations, which covered the rights of EU citizens and their non-EEA family members moving to Ireland, were subsequently amended on 18 December 2006 to take account of the accession of Bulgaria and Romania to the European Union on 1 January 2007. The Regulations transposed into Irish law the European Directive on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. The Directive replaced a number of previous EU instruments in relation to free movement of persons.

Regulation 3(2) is the relevant part of the Regulations referred to by the Deputy and it was informed by certain rulings from the European Court of Justice which dealt with the free movement of persons within the European Union. A number of non-EEA spouses have been informed that they do not come within the Regulations as they did not reside in another Member State prior to moving to Ireland. Some non-EEA spouses have been denied residence where they were already in the State without permission or were the subject of deportation or transfer orders.

A recent High Court court case has affirmed the vires of the Regulations. However there are a number of other court proceedings underway in relation to this general area and the Deputy will appreciate for that reason that I am not in a position to comment further on the legal issues involved at this point.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 723: To ask the Minister for Justice, Equality and Law Reform the reason children of migrant workers are given a stamp that does not allow them to accumulate residency for the purpose of obtaining citizenship or qualifying for EU fees at third level; if he will amend this policy; and if he will make a statement on the matter. [17579/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The situation under current immigration legislation is that a non-EEA person under the age of 16 years is not required to obtain permission to remain in the State or register with the Garda National Immigration Bureau. In general, persons under the age of 16 years are, for the purpose of their immigration status, dependent on the status of their parent or other guardian.

The current practice when registering non-EEA children of migrant workers on reaching the age of 16 is to grant them student permission to remain. Such permission is granted on the basis that the person concerned is, in general, pursuing a course of studies at second level. Time spent in the State under student conditions is not reckonable for the purpose of further immigration applications. In circumstances where the child subsequently wishes to enter employment they must obtain the necessary employment permit. If an employment permit is issued the person can then reside in the State under employment conditions and accumulate legal residence in the State for the purpose of further immigration applications.

I can inform the Deputy that it is my intention, in the context of progressing the Immigration, Residence and Protection Bill 2007, to review current policy in relation to the reckoning of time spent in the State for immigration purposes. As the Deputy will be aware, the Bill provides for a significant overhaul of immigration legislation and includes provision to the effect that all non-EEA nationals, including those under 16 years of age, who wish to be present and reside in the State will be issued with a residence permit.

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