Bernard Durkan (Kildare North, Fine Gael)
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541. To ask the Minister for Justice and Equality notwithstanding his response to a previous parliamentary question in the case of persons (details supplied) in County Clare who appear to be of a similar status to undocumented Irish in the US, if any particular steps will be taken to regularise their position in view of the fact that they have been in this jurisdiction and in employment for more than five years; and if he will make a statement on the matter. [18667/14]

Alan 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 persons mentioned by the Deputy would appear to have remained in the State without the appropriate permission. This is in breach of Section 5(1) of the Immigration Act 2004 which provides that no non-national may be in the State other than in accordance with the terms of any permission given to him by or on behalf of the Minister. Furthermore, Section 5(2) of the Act provides that a non-national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State.

The persons concerned should immediately contact their local Garda Immigration Officer or write to the Residence Division of INIS, setting out all relevant facts.

Queries in relation to general immigration matters 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.

Bernard Durkan (Kildare North, Fine Gael)
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542. To ask the Minister for Justice and Equality if provision will be made to regularise the residency position in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [18669/14]

Alan 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 persons mentioned by the Deputy would appear to have remained in the State without the appropriate permission. This is in breach of Section 5(1) of the Immigration Act 2004 which provides that no non-national may be in the State other than in accordance with the terms of any permission given to him by or on behalf of the Minister. Furthermore, Section 5(2) of the Act provides that a non-national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State.

The persons concerned should immediately contact their local Garda Immigration Officer or write to the Residence Division of INIS, setting out all relevant facts.

Queries in relation to general immigration matters 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.

Bernard Durkan (Kildare North, Fine Gael)
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543. To ask the Minister for Justice and Equality if a person (details supplied) in County Carlow qualifies for long-term residency; and if he will make a statement on the matter. [18671/14]

Alan Shatter (Dublin South, Fine Gael)
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I wish to advise the Deputy that the granting of Long Term Residency is subject to the applicant meeting a number of requirements including that he or she has completed five years legal residency in the State on work permit/ work authorisation/ working visa conditions and is deemed to be of good character. Additionally, all applicants must have permission to remain in the State at the time the application is submitted, and be in gainful employment throughout and after the application process.

The person concerned is currently registered in the State under Stamp 4 conditions until 8/12/2014. The holding of this type of immigration permission permits the person concerned to reside in the State, to enter employment without having to acquire an employment permit or to set up a business. Renewal of this immigration permission is subject to the person concerned presenting for registration at their local immigration before the expiry date of their current permission.

It is open to any individual to lodge an application for Long Term Residency or Citizenship if and when they are in a position to meet the eligibility criteria. Full details of the eligibility criteria and residency calculators for both schemes can be found on www.inis.gov.ie.

The Deputy may wish to note that queries in relation to immigration matters 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.

Bernard Durkan (Kildare North, Fine Gael)
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544. To ask the Minister for Justice and Equality the extent to which a person (details supplied) in County Longford complies with criteria for long-term residency or entitlement to naturalisation in view of the fact that they have lived and worked here along with their spouse and child who have been in this jurisdiction for the past six years; and if he will make a statement on the matter. [18672/14]

Alan 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 submitted an application for Long Term Residency in September 2013. However, as the application did not satisfy the eligibility criteria, the application was refused, also in September 2013.

Long Term Residency is granted on the basis that non EEA national has completed five years legal residency on work permit/work authorisation/ working visa or green card permit conditions. The applicant must be deemed to be of good character. Additionally. all applicants must have permission to remain in the State at the time the application is submitted, and be in gainful employment throughout and after the application process. Residency is calculated from the corresponding Stamp 1/Stamp 4 endorsements in an applicant's passport and not by the dates of commencement and expiry of each work permit/work authorisation/ working visa or green card permit.

It is open to any individual to lodge an application for Long Term Residency if and when they are in a position to meet the eligibility criteria. Full details of the qualifying criteria can be found on www.inis.gov.ie.

I am further advised by officials in the Citizenship Division of INIS that 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 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 email service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.