Written answers

Thursday, 13 March 2008

Department of Justice, Equality and Law Reform

Residency Permits

1:00 pm

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 188: To ask the Minister for Justice, Equality and Law Reform the status of an application for family reunification for a person (details supplied); and if he will make a statement on the matter. [11155/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The wife of the person referred to by the Deputy was admitted to the State in November 2004 as a programme refugee. The person in question is the subject of a Family Reunification application made by his wife in April 2006. This application will be considered by my Department and a decision will issue in due course. At the present time Family Reunification applications are taking up to 24 months to process.

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 189: To ask the Minister for Justice, Equality and Law Reform if he will clarify the residency status of a person (details supplied); if he will furnish a response to the correspondence concerned; and if he will make a statement on the matter. [11156/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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Records held by the Immigration Division of my Department indicate that the person in question has been unlawfully resident in the State since 1988. Correspondence was received from the person in question's legal representatives in 2007 regarding their client's status in the State. The legal representatives were requested to furnish particular information and documentation in order to investigate their client's case. While a response was received from the legal representatives on the 4 March 2008, the supporting documentation was not furnished. A further request to the legal representatives will be made.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 190: To ask the Minister for Justice, Equality and Law Reform the procedure to be followed to ensure a successful application for stamp four, a short or long-term residency or citizenship in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [11169/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The position in relation to 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.

In the context of long term residency, certain periods of residence in the State are excluded. These include: periods of residence in respect of which an applicant does not have permission to remain in the State; periods granted for the purposes of study.

The Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. These conditions are that the applicant must: be of full age, or by way of exception, be a minor in the State; be of good character; have a period of one year's continuous residency in the State immediately before the date of the application and, during the eight years immediately preceding that period, have a total residence in the State amounting to four years; intend in good faith to continue to reside in the State after naturalisation; have made, either before a Judge of the District Court in open court or in such a manner as the Minister, for special reasons allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State.

In the context of naturalisation, certain periods of residence in the State are excluded. These include: periods of residence in respect of which an applicant does not have permission to remain in the State; periods granted for the purposes of study; periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act, 1996.

I understand that the person concerned has received permission to remain on work permit conditions until the 31st August 2008.

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