Written answers

Tuesday, 5 February 2008

Department of Justice, Equality and Law Reform

Residency Permits

9:00 pm

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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Question 640: To ask the Minister for Justice, Equality and Law Reform when the expired passport of a person (details supplied) in County Mayo will be returned to them in order that they can obtain a PPS number. [3652/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Questions No. 358 of Wednesday 19 December 2007, No. 228 of Thursday 28 June 2007, No. 488 of Tuesday 25 October 2005 and No. 367 of Wednesday 12 October 2005 and the written replies to those Questions.

The person concerned arrived in the State on 16 July 2002 and was granted permission to remain in the State until 26 July 2002. He married an Irish National on 24 July 2003 and, on 28 January 2004, he made an application for permission to remain in the State based on his marriage to an Irish National. This application was considered but was refused.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 18 October 2005, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of submitting written representations to the Minister setting out the reasons why he should be allowed to remain in the State. Representations were received on behalf of the person concerned.

Following consideration of the case of the person concerned, under Section 3 of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended), as an exceptional measure and subject to certain conditions, the person concerned was granted temporary permission to remain in the State for one year until 20 January 2009. The person concerned was duly notified of this decision by letter dated 21 January 2008. The expired passport of the person concerned was returned to him by registered post on 31 January 2008.

Photo of Willie PenroseWillie Penrose (Longford-Westmeath, Labour)
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Question 643: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for long term residency in the State by a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [3668/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The person referred to by the Deputy was granted long term residence on 18 January 2008. He subsequently attended at his immigration office and he was granted permission to remain until 17 January 2013.

Photo of Willie PenroseWillie Penrose (Longford-Westmeath, Labour)
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Question 644: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for long term residency in the State by a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [3669/08]

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 December 2006. 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.

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