Written answers

Tuesday, 10 March 2009

Department of Justice, Equality and Law Reform

Visa Applications

9:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 262: To ask the Minister for Justice, Equality and Law Reform the reason a stamp 4 has never issued in the case of a person (details supplied) in County Kildare; if registration fees sought refer to work permit or stamp 2 or 4 regulations; the procedure to be followed; and if he will make a statement on the matter. [9601/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am informed by the Irish Naturalisation and Immigration Service that the person referred to by the Deputy is a Moldovan national and as such requires a visa to enter the State and requires a work permit in order to take up employment in the State. This person entered the State on 19/12/2002 to take up employment. She has resided legally here since that date by registering on a yearly basis with the Garda National Immigration Bureau. She did present for registration on 17/2/2009 at her local immigration office when her current permission to reside here expired. That office is currently awaiting her registration fee before the registration process can be completed. The Fee for immigration registration is €150. This fee for immigration registration certificates was introduced in the Immigration Act 2004 (Registration Certificate Fee) Regulations 2006, which came into effect on 27 May 2006. The introduction of such a fee had been flagged both in the Immigration Act 2004, and in the discussion document containing the outline policy proposals for an Immigration, Residence and Protection Bill.

Non-EEA nationals who register with an immigration registration officer receive a secure residence document in the form of a Certificate of Registration (registration card). The State must provide the administrative resources and computer systems necessary to deal with the issuing of these residence documents. The costs involved include the setting up and maintenance of a state-of-the-art computerised registration system operated by the Garda National Immigration Bureau (GNIB), the administrative work by registration officers in the form of checking of documentation and capture of registration details and the actual cost of the card itself which includes several security features, including a biometric chip. The current fee of €150 is in line with the amounts charged in other states.

The Regulations provide for the waiving of payment of the statutory fee for the following:

(a) non-nationals who, at the time of registration under section 9 of the Immigration Act, 2004, are

(i) under 18 years of age

(ii) married to Irish citizens, or

(iii) holders of a valid residence card issued under Regulation 7 of the European Communities (Free Movement of Persons) Regulations 2006 (S.I. No. 226 of 2006,.

(b) persons in respect of whom a declaration under section 17 of the Refugee Act, 1996, is for the time being, in force,

(c) persons who have been granted permission under section 18 of the Refugee Act, 1996 to enter and reside in the State, and

(d) programme refugees within the meaning of section 24 of the Refugee Act, 1996.

I do not have any discretionary powers to waive payment of the statutory fee in any circumstances. The person referred to by the Deputy does not seem to have applied for "long term residence". It is in that context only that they may also apply to be exempt from employment permit requirements, ie a stamp 4. 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 (ie: 60 months) on the basis of Work Permit/work authorisation/work visa conditions may apply to the Irish Naturalisation and Immigration Service for a five year residency extension.

Photo of Catherine ByrneCatherine Byrne (Dublin South Central, Fine Gael)
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Question 263: To ask the Minister for Justice, Equality and Law Reform if he has received an application for a visa in respect of a person (details supplied); when he expects this application to be processed; if he will expedite a decision in this case; and if he will make a statement on the matter. [9622/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am pleased to inform the Deputy that the visa application referred to was approved on 5 March 2009.

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