Written answers

Thursday, 22 November 2007

Department of Justice, Equality and Law Reform

Residency Permits

3:00 pm

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 171: To ask the Minister for Justice, Equality and Law Reform when an application for long term residency will be decided for a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [30382/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The position in relation to granting long term residency is as follows: Persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements.

The dependants of the aforementioned, who have been legally resident in the State for over five years may also apply for long term residency. This particular long term permission does not grant an exemption from employment permit requirements to any such dependants. Time spent in the State on student conditions cannot be counted towards long term residency. While applications for long term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date.

An application for long term residency from the person referred to by the Deputy was received in January 2007. I understand that applications received in July 2006 are currently being dealt with. As soon as a decision is made on the case, the person concerned will be notified.

Photo of Mary O'RourkeMary O'Rourke (Longford-Westmeath, Fianna Fail)
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Question 172: To ask the Minister for Justice, Equality and Law Reform the status with regard to a person (details supplied) in County Westmeath. [30353/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned entered the State on foot of a 'C' multi entry visa on 20 September, 2007 and was granted permission to remain until 15 December, 2007. 'C' visit visas are issued for short term visits only. The maximum duration for which an Immigration Officer will permit the holder of a 'C' visit visa to remain in the State is 90 days. A 'C' multi entry visa also permits the holder to seek entry to the State up to a maximum of 90 days on each visit to the State.

A wrap-around information sheet accompanies every visa application form. That sheet makes it clear to the applicant that, in general, persons granted visas for particular purposes are not permitted to remain in the State for any purpose other than that for which the visa was granted. It is not the general policy to extend permission to remain to persons who are admitted initially for a period of 90 days or less on a 'C' multi entry visa, save in very exceptional and unforeseen circumstances.

The legal representative of the person concerned has indicated that she is due to leave the State on 9 December, 2007 to return to Thailand to marry her Irish fiancé . The Immigration Division of my Department has recently advised the legal representative that it is open to the person concerned to attend her local Immigration Office when she returns to the State to seek residency based on her marriage to an Irish national, once the marriage has taken place.

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