Written answers

Thursday, 20 October 2016

Department of Justice and Equality

Residency Permits

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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57. To ask the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied); and if she will make a statement on the matter. [31385/16]

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 the person referred to by the Deputy entered the State on 20/08/2012 and was registered as a Student in the State on 01/10/2012 under Stamp 2 student conditions. This permission expired on 30/09/2016, and the person concerned does not currently have any permission to remain in the State.

The person concerned does not have an application pending with INIS. However, all non-EEA students resident in the State are subject to the student immigration rules 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. The person referred to by the Deputy arrived in the State and registered in 2012. This person will have accumulated 7 years in October 2019 and, as such, it is open to them to make an application for further permission to remain in the State as a student.

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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58. To ask the Minister for Justice and Equality the current and expected residency status and eligibility for long-term residency in the case of a person (details supplied); and if she will make a statement on the matter. [31386/16]

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 the person referred to by the Deputy entered the State on 21/02/2013 and was registered as a Student in the State on 26/03/2013 under Stamp 2 conditions. This permission expired on 20/01/2016, and the person concerned does not currently have any permission to remain in the State.

The person concerned does not have an application pending with INIS either. However, all non-EEA students resident in the State are subject to the student immigration rules 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. The person referred to by the Deputy arrived in the State and registered in 2013. This person will have accumulated 7 years in March 2020 and, as such, it is open to them to make an application for further permission to remain in the State as a student.

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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59. To ask the Minister for Justice and Equality if residency status from stamp 2 to stamp 4 will be approved in the case of a person (details supplied); and if she will make a statement on the matter. [31387/16]

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 the persons referred to by the Deputy entered the State in 2011 and 2012 respectively and were registered as students under Stamp 2 conditions. The first mentioned person's student permission expired on 30/09/2016, while the second mentioned person currently has permission to be in the State on student conditions until 10/02/2017.

The persons concerned do not have a current application pending with INIS. An application for permission based on being the parent of a child born in the State was deemed ineligible in 2015.

All non-EEA students resident in the State are subject to the student immigration rules 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. This option is available to the persons mentioned. The overall 7 year period offered to students gives ample opportunity to achieve the sort of qualifications they need to qualify them for an employment permit if they wish to remain on in Ireland afterwards. If their academic achievement is high Ireland offers opportunities to students to stay on as graduates, researchers or high skilled employees. In other words student permission gives the persons concerned a chance to qualify for an enhanced immigration status on the basis of their academic achievement. Merely spending time in Ireland as a student does not confer entitlement or expectation to remain. As such they do not qualify for a Stamp 4 status.

The Deputy may wish to note 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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60. To ask the Minister for Justice and Equality the progress to date in the determination of eligibility for stamp 4 and naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [31388/16]

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 the person referred to is the subject of a Deportation Order made on 23 December 2013 and therefore has no entitlement to residency in the State.

Representations were received from the person concerned pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. In the mean-time, the Deportation Order remains valid and in place.

The Deputy may wish to note that 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.

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