Jan O'Sullivan (Limerick East, Labour)
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Question 477: To ask the Minister for Justice, Equality and Law Reform the reason a person (details supplied) in County Clare who is married to an EU citizen for the past 18 months and whose spouse has lived here for 36 years has not been granted residency rights; if he will review the case; and if he will make a statement on the matter. [22847/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I am informed by the Immigration Division of my Department that following a review of the application for residence in the State based on EU Treaty Rights a decision has recently issued to the person concerned.

The person concerned did not meet the criteria for eligibility for residence in the State in accordance with Regulation 3(2) SI 656/2006 European Communities (Free Movement of Persons) No. 2, Regulations 2006. In order to avail of rights of residence in the State under the Regulations, applicants must submit evidence showing lawful residence in another EU Member State prior to arrival in Ireland. The vires of this Regulation was recently upheld in the High Court. The matter is under appeal to the Supreme Court.

Although the applicant is not eligible under the above Regulations for residence in the State, Stamp 4 conditions have been granted for a two year period to the person concerned.

Stamp 4 conditions entitle the person concerned to take up employment without the need for a work permit and to set up a business without the need for permission from the Minister for Justice, Equality and Law Reform.