Written answers

Thursday, 30 June 2016

Department of Justice and Equality

Residency Permits

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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60. To ask the Minister for Justice and Equality to indicate the correct procedure to be followed to regularise the situation in the case of a person (details supplied); the procedures to be followed in such circumstances; and if she will make a statement on the matter. [18894/16]

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 following on from representations made by the Deputy that the person in question was granted permission to reside in the State. A letter to this effect issued on 12 April 2016. This letter specifically states that the person should register this permission with their local Immigration Registration Officer promptly and that failure to do so will be considered to constitute a failure to comply with the laws of the State and may constitute in itself a ground for revoking the permission to be in the State. It would appear that this person was outside the State when the INIS letter issued and was not in a position to register promptly.

The person in question should now write to Unit 2 Residence Division detailing the circumstances which prevented prompt registration, enclosing a full copy of their current passport. My officials in that Unit will then respond to them accordingly.

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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61. To ask the Minister for Justice and Equality the procedure to be followed to regularise residency in the case of a person (details supplied); and if she will make a statement on the matter. [18895/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service of my Department (INIS) that it would appear that the person, using the name given by the Deputy, has never registered with the Garda National Immigration Bureau as required by law. If it is the case that the individual in question has remained in the State for the time period as stated, it would therefore seem that this person has remained here without permission. This is in breach of Section 5 (1) of the Immigration Act 2004 which provides that no non-Irish national may be in the State other than in accordance with the terms of any permission given to them by or on behalf of the Minister. Furthermore, Section 5(2) of the Act provides that a non Irish-national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State.

It would seem that this person failed to meet the requirements of Section 9 of the Act of 2004 which sets out the obligations of non nationals in respect of registration and in particular to the requirements of Section 9(2)(b) of the Act of 2004.

A person who is found to be in breach of the requirements of the Immigration Act 2004 may have committed an offence. A person found guilty of such an offence is liable under section 13 of the Act of 2004 to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both.

This person should now present themselves to their local Garda Station.

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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62. To ask the Minister for Justice and Equality the procedure to be followed to regularise residency in the case of a person (details supplied); and if she will make a statement on the matter. [18896/16]

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 it would appear that the person, using the name given by the Deputy, has never registered with the Garda National Immigration Bureau as required by law. If it is the case that the individual in question has remained in the State for the time period as stated, it would therefore seem that this person has remained here without permission. This is in breach of Section 5 (1) of the Immigration Act 2004 which provides that no non-Irish national may be in the State other than in accordance with the terms of any permission given to them by or on behalf of the Minister. Furthermore, Section 5(2) of the Act provides that a non Irish-national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State.

It would seem that this person failed to meet the requirements of Section 9 of the Act of 2004 which sets out the obligations of non nationals in respect of registration and in particular to the requirements of Section 9(2)(b) of the Act of 2004.

A person who is found to be in breach of the requirements of the Immigration Act 2004 may have committed an offence. A person found guilty of such an offence is liable under section 13 of the Act of 2004 to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both.

This person should now present themselves to their local Garda Station.

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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63. To ask the Minister for Justice and Equality the progress to date in determination of residency status and eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [18897/16]

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 a decision issued to the person concerned on 28 June, 2016 in respect of an application for a residence card which falls to be considered under the provisions of the European Communities (Free Movement of Persons) Regulations 2015.

I am also informed that there is no record of an application for a certificate of naturalisation from the person referred to by the Deputy. In that regard, I am advised that 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. Detailed information on Irish citizenship and naturalisation is available on the INIS website at www.inis.gov.ie. The website also contains an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the residency requirements are met.

The Deputy will be aware that 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.

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