Written answers

Thursday, 2 February 2012

Department of Justice, Equality and Defence

Residency Permits

5:00 pm

Photo of John LyonsJohn Lyons (Dublin North West, Labour)
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Question 200: To ask the Minister for Justice and Equality the number of students here on stamp 2 visas for five years or more; if he will consider extending the option of long-term residency to these persons; and if he will make a statement on the matter. [5943/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The most recently available figures (31 December 2011) indicate that approximately 5600 non-EEA students were registered with the Garda National Immigration Bureau on that date having arrived in Ireland since before 1 January 2007.

The 'New Immigration Regime for Full Time Non-EEA Students' was published in September 2010 and has been in operation since 1 January 2011. It introduced maximum periods for residence in the State for non-EEA nationals on a student permission. Students pursuing degree programmes may reside for a maximum period of seven years and students on language or non-degree programmes may reside for a maximum of three years. It is, of course, possible for a language and non-degree programme student to transfer to the degree programme stream. However, the maximum period any foreign national may reside in the State on a student permission is seven years.

At the commencement of the New Regime, a range of transitional arrangements where implemented for those students who had been resident in Ireland in excess of seven years and for those students on language or non-degree programmes who had been resident for more than three years -

- All students were permitted to complete any course they had commenced prior to the introduction of the new rules.

- Language and non-degree programme students who had sufficient time to undertake and complete a degree programme have been permitted to do so.

- 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 this six month concession period, "timed out students" were permitted to work full time and to 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 final 3 month extension is now available to relevant students, whose permission expires between 1 January and 31 March 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 arrangements. The transitional measures provide ample opportunity for students to seek an alternative permission to be in the State.

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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Question 201: To ask the Minister for Justice and Equality if he will ensure that a person (details supplied) in County Leitrim receives a letter from him stating the updated position on their residency status here as a matter of urgency in order that they may in turn provide this to the Department of Education and Skills in order to continue with their third level studies. [5979/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned is the sibling of an Irish born child of non-EEA parents born in the State prior to 1 January, 2005. The person concerned was granted permission to remain on stamp 4 conditions, on the basis of family dependency, by the Irish Naturalisation and Immigration Service (INIS) on 24 February, 2007. The person's current permission to remain is valid until 29 September, 2012. I have asked my officials in the INIS to write to the person concerned regarding her current residency status.

Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up-to-date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.

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