Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

To ask the Minister for Justice and Equality if and when residency status can be determined in the case of a person (details supplied) in Dublin 4; and if he will make a statement on the matter. [38467/12]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I have been informed by the Irish Naturalisation and Immigration Service (INIS) that they have not received an application from the person mentioned by the Deputy. However, I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy entered the State in 2007 and has been registered in the State as a student since 22 March 2007. Her current permission to remain is due to expire on 22 March 2013.

A student who first entered the State or commenced their studies after 31 December 2004 is subject to the conditions of the New Regime for full time non-EEA students, which was published in September 2010 and has been in effect since 1 January 2011. It is available on the INIS website: www.inis.gov.ie. This policy stipulates that non-EEA nationals may reside in Ireland as students, subject to the provisions of the new regime, for a maximum aggregate period of seven years. A student is responsible for managing their studies to ensure compliance with this time limit.

This aggregate period may consist of periods of study on language or non-degree level courses as well as degree level courses. However, it is a condition of the new regime that the maximum time a student may stay in Ireland for the purpose of attending courses at language or non degree level is limited to 3 years. In line with the new regime, it is permissible for students who come to Ireland on a language or non-degree programme course to enrol on a course on the degree programme but subject to the overall limit of 7 years not being exceeded. Courses under this programme must be listed on the Internationalisation Register. The person in question has exceeded the maximum 3 year period that a non EEA national is permitted to remain in the State to pursue a course of studies at language and non degree level.

Queries in relation to the status of individual immigration cases may be made directly to 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 INIS is, in the Deputy's view, inadequate or too long awaited.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

To ask the Minister for Justice and Equality the current position regarding residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [38468/12]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The person concerned has had her leave to remain in the State renewed for a further three year period, to 20 July 2013. This decision was conveyed in writing to the person concerned by letter dated 17 August 2010. The children of the person concerned have been granted leave to remain in line with their mother. There is no provision for children under 16 years of age to be registered in their own right.

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.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

To ask the Minister for Justice and Equality the current position and or expected residency status in the case of a person (details supplied) in Dublin 16; the further procedures required to regularise position in respect of their four children all born in this jurisdiction, two of whom have Irish passports; and if he will make a statement on the matter. [38469/12]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The person concerned was granted temporary permission to remain in the State on 28 June, 2005 for a two year period, under the revised arrangements applicable to the non-EEA national parents of Irish born children born in the State before 1 January, 2005, more commonly known as the IBC/05 Scheme. This permission was renewed in 2007 and again in 2010, and is currently valid until 28 June, 2013. The person concerned stated that she was the parent of two children born in the State in her IBC/05 application. However, while the Irish Naturalisation and Immigration Service (INIS) is not currently aware of the details of subsequent children born to the person concerned, I should add that a minor dependant child is covered by the permission granted to their parent once the child is resident with the parent in the State. On reaching the age of sixteen, such a child is required to register in their own right with the Garda National Immigration Bureau having obtained the permission of the Minister to do so.

I am advised by the Citizenship Division of INIS that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question. It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended. The on-line Naturalisation Residency Calculator available on the INIS web-site at www.inis.gov.ie can be used as a guide to whether an individual satisfies the naturalisation residency conditions and, if not, give an indication of how long they should wait before making an application.

Queries in relation to the status of individual immigration cases may be made directly to 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 INIS is, in the Deputy’s view, inadequate or too long awaited.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

To ask the Minister for Justice and Equality the current and or expected position regarding residency status in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [38472/12]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The person concerned has had his leave to remain in the State renewed for a further one year period, to 5 September 2013. This decision was conveyed in writing to the person concerned by letter dated 4 September 2012.

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.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

To ask the Minister for Justice and Equality the current or expected position with regard to residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [38476/12]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The person concerned was granted temporary permission to remain in the State on 9 December, 2005 for a two year period, under the revised arrangements applicable to the non-EEA national parents of Irish born children born in the State before 1 January, 2005, more commonly known as the IBC/05 Scheme. The permission was renewed in 2007 and again in 2010, and is currently valid until 15 November, 2013.

I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the person referred to by the Deputy in March, 2012. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence, and will be submitted to me for decision as expeditiously as possible.

As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

Queries in relation to the status of individual immigration cases may be made directly to 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 INIS is, in the Deputy’s view, inadequate or too long awaited.