Written answers

Thursday, 16 January 2014

Department of Justice and Equality

Naturalisation Applications

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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245. To ask the Minister for Justice and Equality the position regarding long-term residenc-/eligibility for naturalisation in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [2133/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I refer the Deputy to my reply to Parliamentary Question No. 518 of 19 November, 2013 which is set as follows:

The person concerned was granted temporary permission to remain in the State on 8 November, 2005 for an initial 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 for a further three years in 2007. Subsequently the Garda National Immigration Bureau (GNIB) renewed his permission to remain in the State in 2010 until 8 November, 2013.

I am informed that on 6 November, 2013, the person concerned sought to have his permission to remain renewed for a further period. However, his renewal of permission request to the GNIB was not processed on that occasion as he was not in a position to meet the necessary requirements. In the circumstances, I would advise the person concerned to submit a written request for renewal of permission to remain to the Irish Naturalisation and Immigration Service (INIS) of my Department, at PO BOX 10003, Dublin 1, outlining his current family circumstances.
I am informed that a written request for renewal of permission was received from the person concerned on 22 November, 2013. His case was examined by my officials in the INIS and a decision was communicated to him, by letter dated 12 December, 2013, to renew his permission to remain until 13 December, 2014.

There is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question.

Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must:

- be of full age;

- be of good character;

- have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years;

- intend in good faith to continue to reside in the State after naturalisation;

- have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—

(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and (ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.

A foreign national who is married to, or is the Civil Partner of, an Irish citizen for at least three years may apply for naturalisation under section 15A of the Irish Naturalisation and Citizenship Act 1956, as amended, where they have been continuously resident in the island of Ireland for the year immediately prior to the date of their application and for two out of the four years prior to that year. The marriage or civil partnership must be subsisting and recognised under Irish law. Section 15A provides that the Minister may waive certain conditions for naturalisation if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.

Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons.

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.

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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246. To ask the Minister for Justice and Equality the position regarding long-term residency status, long-term eligibility for naturalisation-stamp 4 update in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [2134/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy arrived in the State on 30/12/2006 and was registered as a student until 31/12/2013.

The person concerned does not have an application pending with INIS. However, all non-EEA students resident in the State are subject to the student immigration rules set out under the "new immigration regime for full time non-EEA students" which has been in effect since 1 January 2011. These rules stipulate that non-EEA nationals may reside in Ireland as students, subject to the provisions of the new regime, for a maximum period of seven years. The person referred to by the Deputy arrived in the State and was registered on 15/01/2007 and as such she has accumulated her 7 years as a student. She does not qualify for a stamp 4 status.

As this person's permission has expired she will have to leave the State unless she is the holder of a work permit or has been granted another form of immigration permission.

The Deputy may wish to note that 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 established specifically 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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247. To ask the Minister for Justice and Equality the position regarding naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [2135/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that valid applications for a certificate of naturalisation have been received from the persons referred to by the Deputy.

The applications are currently being processed with a view to establishing whether the applicants meet the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.

The Deputy may wish to note that 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 established specifically 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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248. To ask the Minister for Justice and Equality the position regarding the determination of eligibility for naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [2136/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a valid application for a certificate of naturalisation has been received from the person referred to by the Deputy.

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour 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. I am informed that the application is now at an advanced stage of processing and will be submitted to me for decision in due course.

The Deputy may wish to note that 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 established specifically 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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249. To ask the Minister for Justice and Equality the position regarding long term residency, leave to remain/eligibility for naturalisation in the case of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [2137/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person who is referred to by the Deputy entered the State in April 2012 and was registered on Student conditions in May 2012. The person referred to was 24 years of age when he entered the State. His application will be examined in the coming days and assessed in light of the Family Reunification Policy Document which I published on 31 December 2013. A decision will issue to him shortly.

The Deputy may wish to note that 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 established specifically 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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250. To ask the Minister for Justice and Equality if and when Stamp 4 update will issue in the case of a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [2138/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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As I stated in my answer to Parliamentary Question No 271 of 19 December 2013 the person referred to by the Deputy made an application to the Irish Naturalisation and Immigration Service (INIS) of my Department in July 2013. INIS is currently awaiting replies to correspondence issued.

The Deputy may wish to note that 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 established specifically 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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251. To ask the Minister for Justice and Equality if and when update of Stamp 4 will issue in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [2139/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Services (INIS) that no application for residency in the State was received from the person concerned. It is open to the person concerned to make an application for residency (for the grant of a stamp 4) to INIS if he so wishes. Details on the criteria to be met by persons lodging such applications are available from my Department's Website - www.justice.ie.

I am also advised that an application for a certificate of naturalisation was received from the person referred to by the Deputy in March, 2011. The application is 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.

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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252. To ask the Minister for Justice and Equality the position regarding update of stamp 4 consideration for eligibility for long-term residency-eligibility for naturalisation in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [2140/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned entered the State on 10th, January, 2007 and was granted permission to remain until 8th July, 2013. He has remained in the State without permission since that latter date.

Given that the person concerned had no valid basis to remain in the State, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 25th July, 2013, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making written representations to the Minister setting out the reasons why he should not have a Deportation Order made against him. Written representations have been submitted by and on behalf of the person concerned.

The position in the State of the person concerned will now be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a final decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.

Given that the person concerned has no current right of residency in the State, the issue of an application for a Certificate of Naturalisation does not arise at this time.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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253. To ask the Minister for Justice and Equality if eligibility for long-term residency-eligibility for naturalisation will be considered on the basis of the Zambrano judgement in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [2141/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I refer the Deputy to my reply below to Parliamentary Question No. 53527/13 of the 12th December, 2013 which is set as follows. The position remains unchanged.

I wish to inform the Deputy that the person referred to has no entitlement to residency or leave to remain.

As outlined in previous Dail replies in this matter the person referred to has no application pending for residency. The person concerned was granted permission to remain for a period of five years on 12th January, 2010 on the basis of being the spouse of an EU citizen, who was residing in the State and was exercising his EU Treaty Rights.

The grounds under which she was granted permission to remain in the State no longer apply, as her EU spouse is no longer residing in this State. Therefore, the permission to remain which was granted under the provisions of Directive 2004/38/EC and European Communities (Free Movement of Persons) Regulations 2006 and 2008 has now been revoked. The person concerned was notified of this decision on 6th October, 2011.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by Email 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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254. To ask the Minister for Justice and Equality the position regarding determination of naturalisation in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [2142/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) that a valid application for a certificate of naturalisation has been received from the person referred to by the Deputy.

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour 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. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time. I am informed that this application is 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.

The Deputy may wish to note that 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 established specifically 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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255. To ask the Minister for Justice and Equality the position regarding determination of eligibility for naturalisation in the case of a person (details supplied) in County Kildare; if stamp 4 update will be provided in the interim; and if he will make a statement on the matter. [2143/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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An application for a certificate of naturalisation from the person referred to by the Deputy was received in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) in May 2008. On examination of the application submitted it was determined that the person in question did not meet the statutory residency requirements as set out in the Act. The person concerned was informed of this by letter on 22 August, 2008.

The person concerned was granted Leave to Remain on 3rd June, 2004 for one year. This was renewed in 2005 & 2006 for a further year. Leave to remain was then granted for three years in 2007 and renewed in 2010 and 2013.

It is open to the individual referred to by the Deputy to lodge a further application for citizenship if and when she is in a position to meet the prescribed statutory requirements. 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. The Deputy may wish to note that 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 established specifically 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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256. To ask the Minister for Justice and Equality the position regarding determination of eligibility for naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [2144/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a valid application for a certificate of naturalisation has been received from the person referred to by the Deputy.

The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.

The Deputy may wish to note that 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 established specifically 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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