Written answers

Thursday, 13 October 2016

Department of Justice and Equality

Visa Applications

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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16. To ask the Minister for Justice and Equality if an extension to a visa will be approved in the case of a person (details supplied); and if she will make a statement on the matter. [30156/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned entered the State on 22nd September 2010 and was registered as a student under Stamp 2 between 19th October 2010 and 23rd September 2015.

I am advised that, on 9th June 2014, the person concerned made an application to INIS for a change of status and for permission to remain in the State under Stamp 3 conditions so that they may operate the Living Waters Church. They stated at that time that they were seeking permission to remain in the State as a missionary. It was noted that the person concerned was informed that the fact that they had been resident in the State as a student under Stamp 2 conferred no entitlements upon them to Stamp 3 permission to remain in the State. Furthermore, no evidence was submitted to show that they were in receipt of financial support from the Living Waters Church in Malawi - a founding church of Living Waters Church in Dublin. Against this background, the person concerned was informed on 14th November 2014 that their application for a change of status and for permission to remain in the State on Stamp 3 conditions was refused.

It is noted that the person concerned has not made contact with INIS's Residence Division in respect of their position in the State since that time, and there are no applications pending with INIS.

The person concerned has not had permission to remain in the State since 23rd September 2014, and they should be aware that it is illegal under the Immigration Act 2004 to reside in the State without permission from the Minister for Justice and Equality. A person found guilty of such an offence is liable, under section 13 of the Immigration Act 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. As the person in question does not have immigration permission to remain in the State, they are not entitled to work. Against this background, the person concerned should attend their local Garda National Immigration Bureau Office as soon as may be.

Queries in relation to the status of individual immigration cases 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.

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