Jack Wall (Kildare South, Labour)
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Question 185: To ask the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 188 of 3 November 2009, if the application will be reinvestigated in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [41102/09]

Dermot Ahern (Louth, Fianna Fail)
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As the Deputy will be aware a new policy was implemented recently whereby foreign nationals who had worked for 5 consecutive years with employment permits and who had kept their immigration permission up to date and met certain other conditions, were to be granted Stamp 4 immigration permission. A certain tolerance was built into the system to cater for gaps in immigration registration. The permitted gaps were to the effect that no gap in registration could be longer than 3 months and the total over 5 years could not exceed 6 months. Cases that did not meet these requirements are not eligible for the concession outlined under the new policy. It should be noted that the concession is entirely ex-gratia and also that foreign nationals have a responsibility to keep their registration up to date.

For persons who do not qualify for the concession, either because they have less than 5 years of employment permits or because their registration gaps exceed that permitted, the general provision for redundant workers apply. These provisions, which have been considerably enhanced, allow for such persons to receive a 6 month grace period with immigration Stamp 1 within which they can seek other employment.

There is nothing to prevent a foreign national who does not qualify for the new concession to make an application to my Department (via the General Immigration Division of the Irish Naturalisation and Immigration Service) to remain in the State on some other basis.