Written answers

Thursday, 20 November 2014

Department of Justice and Equality

Residency Permits

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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78. To ask the Minister for Justice and Equality the procedure to be followed to regularise residency status in the case of a person (details supplied) in County Westmeath; and if she will make a statement on the matter. [44663/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons referred to by the Deputy were registered for the first time in the State on 05/10/2012 as students. If it is the situation, as the Deputy states, that they were here working for several years, it would appear to be the case that they were here without the appropriate permission and were residing illegally in the State before they were registered.

As the persons referred to are now resident in the State as non-EEA Students, they are subject to the student immigration rules as set out under the "new immigration regime for full time non-EEA students" which was published in September 2010 and 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. A maximum of three years student residence is permitted for courses at non degree level.

If the persons concerned remain within the relevant three year (for non degree courses) or seven year (for degree courses, where there is academic progression) maximum timeframe set out above, a further Stamp 2 may be granted to the persons mentioned provided that they are engaged in courses that are listed on the Internationalisation Register operated by the Department of Education and Skills.

Queries in relation to the status of or advise on 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 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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