Written answers

Thursday, 24 April 2008

Department of Justice, Equality and Law Reform

Residency Permits

5:00 pm

Photo of Olwyn EnrightOlwyn Enright (Laois-Offaly, Fine Gael)
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Question 249: To ask the Minister for Justice, Equality and Law Reform the position on the legal status of a person (details supplied) in County Offaly; the position in respect of granting long-term residency for this person, including their family; the procedure regarding their applications; if this person has completed five years' legal residence in the State on work permit conditions; and if he will make a statement on the matter. [15897/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to my replies to Parliamentary Question No. 106 of 7th December 2006 and Parliamentary Question No. 610 of 6th July 2006. 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 from the person referred to by the Deputy was received by the Immigration Division of my Department on the 5th July 2006 seeking long term residency. This application was refused on the 24th October 2006, as the individual did not meet the minimum criteria of over five years in the State on work permit conditions. On two occasions the Immigration Division of my Department granted the person referred to by the Deputy Stamp 1 conditions for a four month period in order to obtain a work permit. To date the Immigration Division has not received any further applications for long term residency from this person and therefore are unable to confirm if he meets the minimum criteria for the long term residency scheme.

The procedure in relation to applications is as follows. At time of processing, each application is examined to verify the applicant meets the residency criteria (legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions). Passports and other documentation are examined in detail and enquiries with the Garda National Immigration Bureau may also be necessary. 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.

Any application received by the Immigration Division which does not have the necessary endorsement stamps showing that they have been legally resident in the State for five years on the basis of work/permit/work authorisation/work visa conditions is automatically refused.

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