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

188. To ask the Minister for Justice and Equality the extent to and validity of qualified residency under Stamp 4 in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [21057/13]

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

I refer the Deputy to my reply to Question No. 201 of 18 April 2013. I have nothing further to add to the information contained therein:

The person concerned was granted permission to remain in the State for an initial 2 year period on Stamp 4 conditions from 11 November, 2005, under the revised arrangements for the non-EEA national parents of children born in Ireland prior to January, 2005, commonly known as the IBC/05 Scheme. This permission to remain was renewed regularly and is currently valid until 15 February, 2014. There is no record of an application for a Certificate of Naturalisation having been received from the person concerned. However, it is open to any individual to lodge such an application to the Citizenship Section of the Irish Naturalisation and Immigration Service (INIS) 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. Details on the criteria to be met by persons lodging such applications are available on the website of the INIS (www.inis.gov.ie).

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 this 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

189. To ask the Minister for Justice and Equality the position regarding long term residency and or eligibility for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [21058/13]

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

I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person concerned has had no permission to be in the State since 22 March, 2011 and that he has also failed to renew his registration with An Garda Síochána as required by section 9 of the Immigration Act, 2004. No application has been received from the person to renew his permission to remain.

No non-national may be in the State other than in accordance with the terms of any permission given to him or her by or on behalf of the Minister. Therefore, in the event that the person has remained in the State, he may be unlawfully present and in breach of his registration requirements. Such contraventions of the Immigration Act, 2004 are offences punishable by a fine on summary conviction not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. A non-national in these circumstances also faces the prospect of being subject to removal proceedings. The INIS have also informed me that the person has previously remained in the State without permission and failed to register. However, on that occasion the person was subsequently granted permission to remain in the State as an exceptional measure on Stamp 4 conditions from 26 May 2010 to 22 March, 2011 (the date of expiry of his passport). The person concerned, if they are still in the State, should now make contact with their local registration officer, An Garda Síochána or with INIS, 13/14 Burgh Quay, Dublin 2 as a matter of urgency.