Written answers

Tuesday, 20 October 2015

Department of Justice and Equality

Immigration Status

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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374. To ask the Minister for Justice and Equality the progress to date in determining a matter under the removals section of the Irish Naturalisation and Immigration Service under regulation 20 of the European Communities (Free Movement of Persons Regulations) 2006 and 2008 for a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [36298/15]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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405. To ask the Minister for Justice and Equality further to Parliamentary Question No. 373 of 29 September 2015 in the case of a person (details supplied) in Dublin 24 whose three children, aged five, eight and nine, were all born here, notwithstanding her failure to renew their entitlement to remain in the State as a spouse of a European Union national, if favourable consideration may be given to the facts of the case; and if she will make a statement on the matter. [36052/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 374 and 405 together.

I refer the Deputy to the reply given to his recent Parliamentary Question No. 373 of 29 September 2015. The status of the person concerned remains as set out in that reply, as follows.

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted permission to remain in the State as the Spouse of an EU National who was exercising their EU Treaty Rights in this State. This permission to remain was valid until 24th January 2012. This permission was not renewed as the person concerned failed to submit satisfactory evidence of the EU citizen exercising his EU Treaty Rights in the State for a continuous period of five years. The person concerned was notified of this decision by letter dated 9th July 2012 and has not had permission to be in the State since that date. The matter is now being considered by the Removals Section of INIS under Regulation 20 of the European Communities (Free Movement of Persons Regulations) 2006 and 2008.

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 Michael MoynihanMichael Moynihan (Cork North West, Fianna Fail)
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375. To ask the Minister for Justice and Equality the recent changes to the Irish Naturalisation and Immigration Service standards for non-European Union retirees to be deemed financially suitable for residency; the implications for retirees who arrived prior to these new rules; if she will acknowledge the anger of many persons who have Irish ancestry and planned to retire here; and if she will make a statement on the matter. [36324/15]

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 a notice was placed on the website www.inis.gov.ie in March of this year aimed at clarifying and standardising the terms and conditions in respect of applications from retired foreign nationals seeking to come and live in Ireland. Prior to that more ad hoc arrangements were applied in this area.

Persons who were granted permission prior to the changes however are not affected and their permissions can be renewed on the same terms as before provided they continue to comply with the terms of their permission and remain law abiding.

The immigration stamp has been changed for new cases to a stamp 0 which is a low level permission not intended to be reckonable for naturalisation or long term residence. This is consistent with the permission granted to the elderly dependent relatives of Irish citizens or others already entitled to live here. The key financial consideration in respect of a retiree is that the person must have sufficient and sustainable resources to ensure that they will not now or in the future become a burden on the State. In the case of retirees this was set at an income of €50,000 per person. They were also expected to have a lump sum sufficient to cater for unforeseen circumstances and sufficient otherwise to purchase some form of dwelling.

The matter will be kept under review.

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