Written answers

Thursday, 2 July 2009

Department of Justice, Equality and Law Reform

Residency Permits

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 102: To ask the Minister for Justice, Equality and Law Reform the procedure to be followed in respect of an application for residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [27001/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am informed by the Irish Naturalisation and Immigration Service (INIS), that from 1st January, 2007 on the accession of Romania to the EU, citizens of this country are covered by the provisions of the European Free Movement of Persons Directive. Romanian nationals are entitled to free movement rights in common with all other EU citizens, apart from the labour market restriction which was placed on them under the Government decision of 24 October, 2006.

Free movement rights mean that Romanians do not require an Irish visa as a precondition of entry to the State. Also, it is not permitted to place an immigration stamp in the passport of an EU citizen. Romanian nationals, like all other EU citizens, can move to and reside in Ireland. They can enter Ireland, like any other EU citizen, on production of their passport or national identity card and they can remain in Ireland for up to 3 months without conditions. However, in order to remain in Ireland for more than three months they must either;-

- be in employment or

- be self employed or

- be studying here and have comprehensive sickness insurance or

-be self-sufficient and have comprehensive sickness insurance to cover themselves and any other family members while they are in the State.

Under the Government decision regarding work, Romanian nationals cannot take up employment in Ireland unless they get a Work Permit or unless they are otherwise exempt from that requirement. Romanians nationals who do not need an Employment Permit include the following categories;

• A Romanian national who has been resident in the State as the holder of an employment permit which expired on or after the 31st December 2006, for an uninterrupted period of 12 months or longer.

• A Romanian national who was resident in the State prior to 1st January 2007 and is the spouse/dependent of an EU national who does not require an employment permit.

• A Romanian national resident in the State who is self employed.

• A Romanian national who entered the State on or after 1st January 2007 who is the spouse/dependent of an EU national other than a Romanian or Bulgarian national.

• The spouse or dependents of a Romanian worker who has lived in Ireland with the Romanian worker for more than 18 months after the accession of Romania to the EU.

The issuing of work permits is a matter for the Department of Enterprise, Trade and Employment.

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