Jack Wall (Kildare South, Labour)
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Question 249: To ask the Minister for Justice, Equality and Law Reform if a person (details supplied) in County Kildare who is a South African citizen and has been here since in November 2001 is covered by the new conditions in the work permit regulations; and if he will make a statement on the matter. [35616/09]

Jack Wall (Kildare South, Labour)
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Question 250: To ask the Minister for Justice, Equality and Law Reform the position of an application for a stamp four by a person (details supplied) in County Kildare; and if he will make a statement on the matter. [35629/09]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 249 and 250 together.

The scheme referred to by the Deputy relates to All non-EEA persons who have held employment permits for 5 years or more consecutively and have been working lawfully during that time. If the person in question satisfies this requirement:

He will be issued a Stamp 4 immigration permission signifying the right to be present in the State and to be employed without an employment permit.

This permission will run for one year. It may be renewed annually but this will depend on whether the holder is in employment or, if redundant, is making efforts to seek employment and has not become an undue burden on the State.

The holder of this permission will be free to work in any employment and will no longer be limited to the current employer. Should they subsequently be made redundant they are free to seek other employment.

The Stamp 4 permission in these cases cannot be construed as conferring any other rights or entitlements. It is not long term residence and it cannot be seen as any guarantee of permanent status.

The Stamp 4 permission does not include a right of self-employment or business permission (such permission is, however, given to those who secure long term residence).

The concession is being made irrespective of whether the person is currently an applicant for long term residence.

To avail of this concession the applicant must be able to demonstrate via P60 forms that they have been in employment and have paid their taxes as required.

An application for long term residency from the person concerned was received in my Department on 24 November 2008. Officials in the long term residency section of my Department inform me that files received in February 2008 are currently being processed. It is likely, therefore, that further processing of the application will commence in the coming months. The person in question will be contacted as soon as a decision is reached on their application.