Written answers

Thursday, 17 November 2011

Department of Justice, Equality and Defence

Visa Applications

3:00 pm

Photo of Joanna TuffyJoanna Tuffy (Dublin Mid West, Labour)
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Question 167: To ask the Minister for Justice and Equality if his attention has been drawn to the current campaign regarding timed-out students, that is, overseas students whose seven year student visa has run out; his plans to introduce a special immigration stamp rather than the current provision of a six month extension stamp; and if he will make a statement on the matter. [35232/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The 'New Immigration Regime for Full Time Non-EEA Students' was published in September 2010 and has been in operation since 1 January 2011. The New Regime introduced maximum periods for residence in the State on a student permission and provided for a differentiated approach between "Degree Programme" courses and those at the "Language or Non-Degree Programme" level. In facilitating the transition to the New Regime, I understand that more than 3200 queries, from students, colleges and other stakeholders have been answered by the Irish Naturalisation and Immigration Service since the beginning of this year.

Existing students who exceed the new seven year time limit are regarded as "timed-out" students. However, to ensure a smooth transition to the New Regime, special transitional arrangements were made available to those students already in the State. For example, all students were permitted to complete any course they had commenced prior to the introduction of the new rules. Students who finish an honours degree course (or higher) are permitted to remain in Ireland for a further year during which they can work, engage in internship or, if they wish to stay for a longer period, seek an employment permit.

As a special concession, ''timed out students '' were entitled to a six month extension of their immigration permission to allow those students to address their immigration status in the State. During the six month concession period, "timed out students" can work full time and can apply for an employment permit or green card without having to return to their country of origin. The availability of this six month concession expired on 30 September 2011. However, a further 3 month extension is available to relevant students, whose permission expires between 1 October and 31 December 2011 in order to permit them to finalise their status in the State.

While I am keeping the situation under review, I am satisfied that significant measures have been put in place to ensure that non-EEA students resident in Ireland prior to 1 January 2011 have been treated fairly with the introduction of the New Regime. The transitional measures provide ample opportunity for students to seek an alternative permission to be in the State.

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