Bernard Durkan (Kildare North, Fine Gael)
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Question 852: To ask the Minister for Justice, Equality and Law Reform the procedure to be followed for an application for residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [23461/08]

Dermot Ahern (Louth, Fianna Fail)
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I am advised by officials in the Long Term Residency Section of my Department that the position in relation to granting long term residence (currently processed as an Administrative Scheme) is as follows: Persons who have been legally resident in the State for over five years (i.e., 60 months) on the basis of Work Permit/work authorisation/work visa conditions may apply to my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements.

Long Term Residency is granted on the basis that a non EEA national has completed five years (60 months) legal residence in the State on Work Permit conditions, which is reflected in the corresponding Stamp 1 or Stamp 4 endorsements on a person's passport and not by the dates of commencement and expiry of each Work Permit. Subsequently, in calculating the reckonable period of 60 months legal residence, my Department only takes into consideration time legally spent in the State on work permit conditions. Periods of time, where a person has not had legal residence, i.e., having an up to date endorsement on Work Permit conditions in their passport, cannot be counted towards an application for Long Term Residency. The dependants of the aforementioned, who have been legally resident in the State for over five years (60 months) may also apply for Long Term Residency. This particular permission does not exempt the dependants from employment permit requirements.

The following documents, together with a cover letter of application clearly indicating the passport endorsements relating to each work permit are required:

Copy of work permits

Copy of Certificate of Registration (GNIB card)

Clear and legible copy of passport, including all endorsements (if the holder's passport has expired since arrival in the State, copies of both the previous and current passport are required)

These should be submitted to:

Long Term Residency section,

General Immigration Division,

Floor 3,

Irish Naturalisation and Immigration Service,

13-14 Burgh Quay,

Dublin 2

Applicants are also advised to keep their permission to remain up to date at all times (including the period during the processing of their application). Processing time is approximately twenty months. Applicants from non-EEA countries who have not completed the sixty months legal residency will not be accepted.