Brendan Howlin (Wexford, Labour)
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Question 459: To ask the Minister for Justice, Equality and Law Reform when he received an application for long-term residency from a person (details supplied) in County Wexford; when a decision will be made in relation to this application; and if he will make a statement on the matter. [19256/08]

Dermot Ahern (Louth, Fianna Fail)
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Long term residency is an administrative scheme that was introduced in May 2004 and is focused on persons who have been legally resident in the State for over five years on the basis of work permit / work authorisation / work visa conditions. Such persons 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.

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 have been informed by the Immigration Division of my Department that they have recently been in contact with the person referred to by the Deputy in relation to his immigration status. Further documentation has been requested from the person concerned in order to facilitate the Immigration Division in examining his case.

Leo Varadkar (Dublin West, Fine Gael)
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Question 460: To ask the Minister for Justice, Equality and Law Reform if he will review the decision made in the application of a person (details supplied) in Dublin 15 for residency based on a [i]de facto[/i] relationship; and if he will make a statement on the matter. [19262/08]

Dermot Ahern (Louth, Fianna Fail)
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I have been informed by the Immigration Division of My Department, that the person referred to by the Deputy received permission to remain in the State for one year on work permit conditions. An application in respect of the person in question was received by the Immigration Division on the 13th March 2008, seeking an extension of his work permit permission as he was in a de facto relationship. The Immigration Division replied to that application on the 8th May 2008 stating that the Department could not accept the submitted application, as it did not provide documented evidence that he and his partner had been in a relationship for four years.

There are no provisions in Irish immigration law or procedure, or in EU law, whereby a non-EEA national may obtain permission to reside in the State on the basis of a relationship with an Irish national, except where the person in question is the spouse or an immediate dependent family member of the Irish national in question. However, it is open to any non-national to make an application to be allowed reside in the State in which case, the nature and duration of that person's relationship with an Irish national, as well the person's capacity to support himself or herself without recourse to public funds, would be taken into account in determining whether or not permission would be granted.

Olwyn Enright (Laois-Offaly, Fine Gael)
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Question 461: To ask the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 249 of 24 April 2008 (details supplied), the requirements of the applicant's dependants who have been legally resident here for over five years and who have been included in the original application of the applicant; if he will clarify the status; the exemption in place for minor dependants; if these dependants have to wait for a further five years after reaching their 16th birthdays to apply in their own right for legal residency; and if he will make a statement on the matter. [19274/08]

Dermot Ahern (Louth, Fianna Fail)
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As outlined in Parliamentary Question No. 249 put down for answer on 24 April, 2008, 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 24 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. I have been informed by the Immigration Division that it is open to the person referred to by the Deputy to submit a fresh application in respect of himself and his dependants when he has completed five years legal residency (60 months of Stamp 1 endorsements on his passport) in the State, on work permit conditions. On receipt of such an application, the case will be considered on its own merits.

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. Under current legislation, persons under the age of 16 are not currently requested to register or obtain permission to remain in the State. Dependants of the person referred to by the Deputy will have to be resident in the State for a minimum of five years following their 16th birthday before they can be permitted to apply for long term residency. Time spent in the State on student conditions cannot be counted towards long term residency.