Written answers

Tuesday, 27 November 2012

Department of Justice and Equality

Residency Permits

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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To ask the Minister for Justice and Equality further to Parliamentary Question No. 266 of 8 November 2012, the reason a person (details supplied) in County Kildare is ineligible for consideration under the 2004 student probationary extension when they were informed they were going to be considered under same; if he will review this case with a view to update of Stamp 4; and if he will make a statement on the matter. [52560/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I refer the Deputy to my responses to Dáil Questions No 171 of 25 October and 8 November 2012 in which I set out the circumstances of the person referred to by the Deputy. The most recent reply is attached below. The person concerned availed of the 'Timed Out' Student transitional measure introduced under the New Regime for Students in January 2011 as a concession to those student affected by the changes brought about by the New Regime. The position remains that the person concerned has not secured a work permit or a green card employment permit and is now required to leave the State.

I can inform the Deputy that as a final measure in assisting in the transition to the New Immigration Regime for Non-EEA Students , a student probationary extension has been made available to those students who have been continuously resident in the State since before 1 January 2005 (i.e. the student must have received a GNIB certificate of registration during or before 2004 and for each year thereafter) and who commenced their studies on or before the 31st December 2004. These new arrangements will allow eligible students to reside in Ireland for a further period of 2 years on specified conditions. Students who either entered the State or commenced their studies after the 31st December 2004 are not eligible for this extension as they do not satisfy the above conditions. The person referred to by Deputy arrived in Ireland on 19 May, 2006 and as a consequence is ineligible for consideration under the 2004 Student Probationary Extension.

Any student who either first entered the State or commenced their studies after 31 December 2004, including the person concerned, is subject to the rules set out under the New Immigration Regime for Full Time non-EEA Students, which was published in September 2010 and which has operated since 1 January 2011. Comprehensive information notes for non-EEA students are available on the dedicated student page of the Irish Naturalisation and Immigration Service website at www.inis.gov.ie.

Queries in relation to the status of individual immigration cases may be made 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.

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