Written answers

Thursday, 13 December 2007

Department of Justice, Equality and Law Reform

Citizenship Applications

5:00 pm

Photo of Martin FerrisMartin Ferris (Kerry North, Sinn Fein)
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Question 35: To ask the Minister for Justice, Equality and Law Reform if he is putting in place measures and staffing to deal with the backlog and inordinate delays in processing applications for long-term residency and naturalisation; if the new condition for police clearance certificates is contributing to the delays in processing applications; if all applicants are being required to provide police clearance certificates from previous countries; and if he will make a statement on the matter. [34633/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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As the Deputy will appreciate, the applications that the Immigration Division of my Department receives are diverse in nature and the processing time frames vary considerably according to the nature and circumstances of the scheme in question. In all instances, processing arrangements are kept under ongoing review and steps are taken to reduce waiting times where this is feasible having regard to available resources and overall priorities. For example, the introduction of a new Information Technology System which is currently being developed, is expected to enhance the capability of the INIS to deal with such applications more efficiently.

Long term residency was introduced by way of an administrative scheme in May 2004. 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. 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. I understand that applications received in July 2006 are currently being dealt with. Long term residency is an administrative scheme which will be established on a statutory basis in accordance with the Immigration, Residence and Protection Bill.

At time of processing, each application is examined to verify the applicant meets the residency criteria. Should an applicant meet the residency criteria a character reference check is then carried out. This includes a requirement for all 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 country 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.

Insofar as Citizenship is concerned, the Deputy will acknowledge that the granting of Irish citizenship through naturalisation is an honour and that applications must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is given only to persons who satisfy the necessary qualifying criteria. The procedures employed to assess an applicant for naturalisation are as set out in summary form below.

Upon receipt, each application is examined to determine if the statutory application is completed fully. Incomplete application forms are returned to the applicant for amendment. Valid applications are then examined to determine if the applicant meets the statutory residency criteria set out in the Irish Nationality and Citizenship Act. Passports and other documentation are examined in detail and enquiries with the Garda National Immigration Bureau may also be necessary.

The next stage of the process involves assessing an applicant's financial status in respect of their ability to support themselves in the State. Enquiries with the Revenue Commissioners and the Department of Social and Family Affairs may be necessary in this regard. At the same time enquiries are also made with the Garda Síochána to clarify if the applicant can be deemed to be of good character. There may also be circumstances in individual cases which require a greater level of investigation than other cases. Once all enquiries are completed, the file is referred to me for a decision. The Deputy will appreciate that these processes can take a lengthy time to complete.

The above procedures have been developed and refined over a number of years and I am satisfied that they are necessary to maintain the integrity of the naturalisation process. Consequently, having regard to the resources available, which are kept under constant review, there is a limit to the reduction in the processing time that can be achieved. However, I share the Deputy's concerns regarding the efficiency of the existing system and accordingly, I have instructed my officials to undertake a review of the various processes in order that these might be streamlined further where possible.

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