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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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. [31390/16]

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 there is no record of the person concerned having entered or remained in the State.

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

The person concerned appears, therefore, never to have had permission to remain in the State and they should be aware that it is illegal for them, under the Immigration Act 2004, to remain 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. In addition, it is apparent that the person concerned has failed to meet the requirements of Section 9 of the Immigration Act 2004, which sets out the obligations of non-nationals in respect of registration. Against this background, the person concerned should attend their local Garda National Immigration Bureau Office as soon as possible.

If the person concerned leaves the State voluntarily, and is visa required, then it would be open to them to apply from outside the State for a appropriate visa to re-enter the State. At that point, any family circumstances would be taken into account along with any other reasons why the person in question believes that they should be granted permission to reside in Ireland.

If there are any relevant exceptional circumstances which would justify granting the person concerned permission to remain in the State, they will be taken into account if the person concerned is issued with an intention to deport letter under Section 3 of the Immigration Act 1999 (as amended).

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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63. To ask the Minister for Justice and Equality the most appropriate option to be followed to achieve leave to remain or alternative status in the case of a person (details supplied); and if she will make a statement on the matter. [31391/16]

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 referred to by the Deputy entered the State on 14 September 2009 and was registered as a Student in the State on 22 October 2009 under Stamp 2 student conditions. This person had permission to be in the State on Student conditions until 14 May 2016.

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 2009. This person accumulated 7 years in October 2016. As such they do not qualify for a Stamp 4 status. As this person's permission expired on 14 May 2016, if they have not already done so, they are now required to leave the State.

If this person leaves, or, has already left the State voluntarily, then it would then be open to them to apply for a D reside visa from outside the State. At that point, any family circumstances would be taken into account along with any other reasons why they believe they should be granted permission to reside in Ireland. If this person were unsuccessful in the application for a D reside visa it would not affect their entitlement to apply for a visa in the future to re-enter this State nor should it affect entry into any other State.

If there are any relevant exceptional circumstances which would justify granting this person permission to remain in the State, they will be taken into account if the Minister issues them with an intention to deport letter under Section 3 of the Immigration Act 1999 (as amended). If the Minister issues such a letter to this person, and if she decides to make a deportation order against them, please note that an Irish deportation order would have the effect of barring this person from the State unless the order is subsequently revoked by the Minister. Such an order may also prevent this person from applying to reside in any of the other European Union Member States.

Please be informed 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 this person does not have current immigration permission they are not entitled to work.

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 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 Parliamentary Question 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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