P J Sheehan (Cork South West, Fine Gael)
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Question 466: To ask the Minister for Justice, Equality and Law Reform the criteria necessary to enable an immigration officer to issue a stamp four certificate for a resident of more than five years residency; and if he will make a statement on the matter. [25992/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I should clarify at the outset that there is a range of categories of non-EEA nationals who may be granted Stamp 4 before completing 5 years legal status in the State e.g. refugees, spouses of Irish citizens, certain family members of EU citizens who qualify under the relevant Regulations.

I take it that the Deputy is referring to other non-EEA persons who were in the State in their own right as employment permit holders and who are seeking long-term residence after 5 years in the State. For those non-EEA nationals who were lawfully working in the State an administrative long-term residence scheme was introduced by my predecessor in May 2004. This enables non-EEA workers to apply for an additional 5 years permission to remain. The conditions which must be satisfied by an applicant are as follows:-

The applicant must have been legally resident in the State for over five years;

The applicant must have held a work permit; work authorisation; or, work visa;

The applicant must have no criminal record from his/her time in the State.

Applications may be made to the Irish Naturalisation and Immigration Service, 13-14 Burgh Quay, Dublin 2. Successful applicants will be granted Stamp 4. The holder of Stamp 4 will then be exempt from employment permit requirements and may operate a business without obtaining the normal business permission. Time spent in the State on student conditions cannot be counted towards long-term residence.

While applicants for long-term residence are awaiting a decision they should ensure that their permission to remain in the State is kept up to date. Applications for long-term residence received in July 2006 are currently being processed.