Written answers

Thursday, 4 December 2014

Department of Justice and Equality

Residency Permits

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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132. To ask the Minister for Justice and Equality the position regarding residency, eligibility for stamp 4 or naturalisation in the case of a person (details supplied) in County Westmeath; and if she will make a statement on the matter. [46673/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is currently registered in the State under Stamp 4 conditions granted to them on the basis of their marriage to an Irish national. This permission is valid until 10 February 2015 and is renewable by attending at their local immigration office accompanied by their Irish spouse.

If there has been any change of circumstances preventing the renewal of their immigration permission, the person concerned should be advised to make an application to INIS outlining the circumstances preventing them from renewing their registration.

All non EEA residents on reaching the age of sixteen are required to register with their local immigration officer. The person concerned should attend at their local immigration office for registration if they are sixteen years of age.

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 of too long awaited.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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133. To ask the Minister for Justice and Equality notwithstanding previous refusal, the way it may be possible to facilitate a request for residency status-stamp 4 in the case of a person (details supplied); and if she will make a statement on the matter. [46674/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was refused an application for a residence card under the provisions of the European Communities (Free Movement of Persons) Regulations 2006 and 2008 (the "Regulations") on 22/08/2014. The application was refused as the person concerned did not submit the necessary documentation in support of the application.

I am further advised that the person concerned submitted a fresh application for residence under the Free Movement provisions on 17/09/2014. This application is currently under examination and a decision will be made based on the documentation on file within the six month statutory time limit. It is noted that the person concerned was requested on 7/10/2014 to submit certain documentation in support of the application but has failed to do so to date. As the Deputy will appreciate, it is incumbent on applicants to cooperate with a request for information which is a key part of their application. In addition, the person concerned did not advise the relevant office of INIS of their change in circumstances as required under Regulation 11(4) of the Regulations.

I am advised that INIS will be in contact directly with the person in question to clarify the position concerning same.

I am not in a position to comment on the outcome of any application while it is under examination. However, in view of the circumstances particular to the case, the applicant will be granted a temporary permission to reside in the State for six months pending a decision on the case.

Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using 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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