Written answers

Wednesday, 18 September 2013

Department of Justice and Equality

Visa Applications

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail)
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1079. To ask the Minister for Justice and Equality the rights and responsibilities an individual from the Ukraine, a non EU country, has here when they have been approved for a Stamp 4 for five years and where they are dependant on the member of family who is an EU citizen legal here for many years; and if he will make a statement on the matter. [37603/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy was granted permission to remain in the State for a period of five years up to 31 December, 2017. This permission is based on being the dependant family member of an EU citizen who is resident in the State and in exercise of EU Treaty rights in accordance with the provisions of S.I. No. 656 of 2006 European Communities (Free Movement of Persons) (No. 2) Regulations 2006 as amended (the "Regulations") and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (the "Directive").

Under the Regulations the rights of those EU citizens and their non-EEA family members are the same as those of Irish citizens in terms of the right to travel in or to or from the State; to seek and enter employment; to carry on any business, trade or profession; to access education and training and to receive medical care and services.

However it should be noted that persons to whom the Regulations apply shall not be entitled to receive assistance under the Social Welfare Acts for 3 months following entry into the State or for such period exceeding 3 months where the person is continuing to seek employment and has a genuine chance of being engaged. In addition, persons who are granted a five year residence card (and not permanent residence) in the State shall not be entitled to receive maintenance grants for students (including those undertaking vocational training).

Persons to whom these Regulations apply may be asked to present evidence of their right of residence in the State in order to exercise any entitlement under the Regulations.

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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