Brendan Howlin (Wexford, Labour)
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Question 514: To ask the Minister for Justice, Equality and Law Reform if there is a mechanism whereby a Moldovan national who came here on a visa and work permit which both expired two years ago can be considered for a visa extension to enable them to remain here and to seek employment; and if he will make a statement on the matter. [24748/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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Any foreign national in the State has a responsibility to ensure that his/her permission to remain in Ireland is kept up to date. A person without such permission is in the State unlawfully and must leave. However, if the person believes that he/she has a valid reason for remaining in the State they could write to the Irish Naturalisation and Immigration Service explaining the circumstances in which their permission to remain expired, backed up by relevant documentation, and explaining what their future plans are should they wish to remain in the State. Each case will be assessed on its merits.

It is understood that in this case the person involved is the fiancé of an EU national. EU Treaty rights may apply in this case but more information would be required in order to make that assessment. However, it should be noted that a person who is unlawfully present in the State and who later meets and marries an EU citizen does not in doing so either qualify for EU Treaty rights or indeed render their presence in the State lawful.