Written answers

Wednesday, 11 May 2011

Department of Justice, Equality and Defence

Residency Permits

9:00 pm

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Question 130: To ask the Minister for Justice and Equality if he will consider reinstating permission to remain in the State in respect of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [10923/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I have been informed by the Irish Naturalisation and Immigration Service (INIS) that the permission to remain in the State of the person concerned expired on 30 October 2010. He has recently made an application for further permission to remain in the State and this is now being considered.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Photo of Jack WallJack Wall (Kildare South, Labour)
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Question 131: To ask the Minister for Justice and Equality if a person (details supplied) in County Kildare is entitled to recognition under his Department guidelines; and if he will make a statement on the matter. [10954/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned is currently legally resident in the State on Stamp 3 conditions. If, however, she wishes to have her case for an upgrade to Stamp 4 considered, in accordance with the principles of the Zambrano Judgment, she should attend at her local Garda Registration Office and have the following documentation in her possession:

(i) her own Passport,

(ii) her current GNIB Card,

(iii) her child's Irish Passport,

(iv) her child's Birth Certificate and

(v) documentary evidence of her address in the State.

If the person concerned satisfies the Zambrano criteria, then, all other things being equal, her status will be upgraded to Stamp 4 conditions. However, in circumstances where the Garda Registration Office is not satisfied that a person meets the Zambrano criteria, the case will be referred back to my Department for further examination.

The Deputy might wish to note that the terms of the Zambrano Judgment will not be applied to third country parents of an Irish citizen child or children who have been convicted of serious and/or persistent criminal offences.

Photo of Jack WallJack Wall (Kildare South, Labour)
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Question 132: To ask the Minister for Justice and Equality the position regarding a permit application in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [10955/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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From the information provided by the Deputy, it is being assumed that the person concerned is seeking to establish as to whether the recent European Court of Justice Judgment in the Zambrano case might impact on her case.

The position is that any person who wishes to have their position in the State examined in accordance with the principles of the Zambrano Judgement must submit the following documentation to the INIS Repatriation Division, Department of Justice and Equality, 13-14 Burgh Quay, Dublin 2.

(a) A colour copy of the bio-data page of the Irish citizen child's passport,

(b) The Irish citizen child's original Birth certificate - a copy is not acceptable,

(c) A colour copy of the bio-data page of the applicant's own passport,

(d) Two colour passport sized photographs, signed on the back by the applicant,

(e) Documentary evidence that the Irish citizen child is living in the State,

(f) Proof of the applicant's address and residence in Ireland (e.g. current utility bills etc.),

(g) Documentary evidence of the role the applicant is playing in his/her child's life (e.g. letters from schools, crèches etc.) and

(h) Any other information that the applicant considers relevant to his/her case.

In addition, an applicant must provide answers to the following questions: (a) Has he/she ever been convicted of a criminal offence in the State or abroad? If so, he/she must provide specific details.

(b) Are there any charges pending against him/her in the State or aboard? If so, he/she must provide details.

The Deputy might wish to note that a representative of my Department wrote to the person concerned on 6th May, 2011 to advise her of the documentation she must submit before her case could be considered further.

Comments

kapil khanna
Posted on 13 May 2011 10:24 am (Report this comment)

To ask the Minister for Justice and Equality the position of a person WRT Zambrano judgement who moved to Ireland 2 years ago on stamp 3 conditions as a spouse of work permit holder, now a father of an Irish citizen and currently on stamp 1,
How should one go about upgrading stamp to 4 and have unrestricted residency permit with full access to employment

I Look forward to some clarity, Thanks in advance

Sincerely

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