Written answers

Tuesday, 19 January 2010

Department of Justice, Equality and Law Reform

Residency Permits

9:00 pm

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 607: To ask the Minister for Justice, Equality and Law Reform the average waiting time to process EU treaty rights applications for residence by non-European Economic Area family members of EU or EEA citizens, EU Directive 2004/38/EC and SI 656/2006 refers; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to expedite the processing time; and if he will make a statement on the matter. [1566/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am informed by the Immigration Division of my Department that all applications for residence in the State on the basis of EU Treaty Rights by non-EEA family members of EU or EEA citizens are currently being processed within the six month statutory time frame set out in Directive 2004/38/EC as implemented in Ireland by Statutory Instrument 656/2006 as amended by Statutory Instrument 310/2008.

The EU Treaty Rights Statistics requested by the Deputy in respect of the year 2009 are set out in the table.

YearDecision TypeTotal
2009Approved1541
Refused957
Withdrawn52
Not Accepted90
Awaiting Decision1161

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 608: To ask the Minister for Justice, Equality and Law Reform the average waiting time to process married to an Irish national applications from non-European Economic Area national spouses of Irish nationals for residence here on the sole basis of their marriage; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to expedite the processing time; and if he will make a statement on the matter. [1567/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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While marriage to an Irish national by a non EU national does not convey any automatic right to reside in the State, if a non EU national spouse of an Irish national was already legally resident in the State prior to the marriage, then he or she can make a request to the local Registration Officer for a change of their immigration status to reflect their marriage to that Irish national.

If, however, the non EU national has no legal status or is an asylum seeker in the State at the time of the marriage, he or she may make an application to the Spouse of Irish National Unit, Immigration Services Section, Irish Naturalisation & Immigration Service, 13/14 Burgh Quay, Dublin 2 seeking permission to reside in the State on that basis.

I am informed by the Immigration Services Section of the Irish Naturalisation and Immigration Service that applications of this type are currently taking 6 - 7 months to process. The processing time for dealing with such applications can vary depending on the particular circumstances of each individual case and the nature of the investigation required. This processing time meets our current expectations and in fact in the High Court Case of K M & D G -v- The Minister for Justice, Equality and Law Reform (2007 No. 321 J.R.) Justice John Edwards held that a period of between 9 and 12 months was reasonable for the making of such decisions.

At the end of December 2009 there were 149 applications on hand. Applications are dealt with as quickly as possible having regard to the nature of the application and overall resources across the full range of services provided by the Irish Naturalisation and Immigration Service.

The table outlines the figures for the past 12 months in respect of applications processed by the Spouse of Irish National Unit.

MonthReceivedApprovedRefused
January24429
February38381
March47701
April32385
May44284
June37437
July52388
August38452
September37341
October46333
November55316
December36323
Overall48647250*

* 1 Application withdrawn not refused

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 609: To ask the Minister for Justice, Equality and Law Reform the average waiting time to process business permission applications from non-European Economic Area nationals for permission to reside in the State for the purposes of establishing and operating a commercial business; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to expedite the processing time; and if he will make a statement on the matter. [1568/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am informed by the Immigration Services Section of the Irish Naturalisation and Immigration Service that applications for Business Permission are currently taking 5-6 weeks to process on receipt of fully completed applications.

Applications are dealt with as quickly as possible having regard to the nature of the application and overall resources across the full range of services provided by the Irish Naturalisation and Immigration Service. At the end of December 2009 there were 10 applications on hand awaiting decision.

The table outlines the figures for the past 12 months in respect of applications processed by the Business Permission Unit.

Business Permission Applications 2009
MonthReceivedApprovedRefusedAbandoned
January7743
February151134
March182143
April219173
May187110
June94120
July12660
August10320
September10751
October21680
November161070
December71410
Overall164869014

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