Written answers

Wednesday, 14 November 2007

Department of Justice, Equality and Law Reform

Residency Permits

9:00 pm

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 207: To ask the Minister for Justice, Equality and Law Reform, further to his reply to Parliamentary Question No. 268 on 7 November 2007, the date the requirement for a police clearance certificate for long-term residency applications was introduced, or beginning with applications received, the date if that was the determining factor. [28858/07]

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 208: To ask the Minister for Justice, Equality and Law Reform, further to his reply to Parliamentary Question No. 268 on 7 November 2007, if all applicants whose applications were about to be processed on the date the requirement for a police clearance certificate for long-term residency was introduced were notified of this requirement or only selected applicants; and the number of the 5915 cases on hand as reflected in his reply that have been affected by this new requirement. [28859/07]

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 209: To ask the Minister for Justice, Equality and Law Reform, further to his reply to Parliamentary Question No. 268 of 7 November 2007, the reasoning behind making the requirement for a police clearance certificate for long-term residency applications retroactive; the reasoning behind this requirement being issued in the final stage of processing, contributing to further delays within the system, rather than early in the process; the reason INIS has not listed this requirement on the long-term residency information page of the INIS website; if it is intended to do so and when; if not, the reason. [28860/07]

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 210: To ask the Minister for Justice, Equality and Law Reform, further to his reply to Parliamentary Question No. 268 on 7 November 2007, if it is INIS policy to require police clearance certificates from all long-term residency applicants for every country they have lived in; his views on whether it is practical or possible for many people to obtain police clearance certificates from every country they have lived in; and if he will make a statement on the matter. [28861/07]

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 211: To ask the Minister for Justice, Equality and Law Reform, further to his reply to Parliamentary Question No. 268 of 7 November 2007, the policy in relation to people who will not be able to secure police clearance certificates from every country they have lived in; if consideration will be given to people who have met all other requirements, as explained to them at the time they applied for long-term residency and have left or must leave exploitative employment situations potentially putting them into a situation of becoming undocumented migrants while they await decisions on their residency applications; and if he will make a statement on the matter. [28862/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I propose to take Questions Nos. 207 to 211, inclusive, together.

Long term residency is an administrative scheme that was introduced in May 2004 and is focused on persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions. Such persons may apply to the Immigration Division of my Department for a five year residency extension. To date, the Irish Naturalisation and Immigration Service has received almost 6,000 applications under the scheme. The permission to remain granted under this Scheme gives non EEA nationals an exemption from work permit requirements thus significantly enhancing and giving security of tenure to their entitlement to be in the State. Applications for long term residency must therefore be processed in a way that preserves the necessary checks and balances to ensure that it is not undervalued and is given only to non EEA nationals who satisfy the criteria.

At time of processing, each application is examined to verify the application meets the residency criteria. Should an applicant meet the residency criteria a character reference check is then carried out. This includes a requirement for applicants to produce a police clearance certificate from their country of origin and any other country they resided in prior to travelling to this State. The requirement for a police clearance certificate was introduced recently as part of the character clearance aspect of the application process.

I accept there could be situations where applicants for long term residency, who have been away from their county of origin for considerable periods of time, may encounter difficulties in getting the necessary police clearance certificate. It is expected that such situations will arise only on an exceptional basis, and will be considered on a case by case basis having regard to all of the factors involved in the processing of applications for long term residency.

The INIS website will shortly be updated with the relevant information and future acknowledgements to applicants for long term residency will be advised of the requirement to provide a police clearance certificate.

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