Written answers

Tuesday, 29 January 2013

Department of Justice and Equality

Residency Permits

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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To ask the Minister for Justice and Equality if there will be any change to the requirement for non-EEA nationals to register with the Gardaí following the recent Sulaimon decision where the Supreme Court ruled that residency permission is effective from the date of the letter from the Minister granting permission to reside and not from the date of registration with the Garda National Immigration Bureau, as was the previous policy of INIS; and if he will make a statement on the matter. [3754/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The judgement of the Supreme Court in the Sulaimon case does not make any change to the legal requirement for a non-national who has permission to remain in the State to register with An Garda Síochána. I am advised by the Irish Naturalisation Immigration Service (INIS) that in consultation with the State's legal advisors and the Gardaí it is currently finalising amended administrative processes in relation to the grant of residency in order to comply with the terms of the Supreme Court judgement in question.

In accordance with section 9 of the Immigration Act, 2004 a non-national who has permission to remain in the State is required to register with An Garda Síochána and to comply with the requirements as to registration set out in the Act of 2004. Certain categories of non-nationals are exempted from the registration requirement. These are:

(a) a non-national who is under the age of 16 years;

(b) a non-national who was born in Ireland;

(c) a non-national not resident in the State who has been in the State for a period of not more than 3 months since the date of his or her arrival in the State;

(d) a non-national seaman not resident in the State whose ship remains at a port in the State and who does not land in the State for discharge.

A person who contravenes the requirements to register commits an offence.

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