Written answers

Wednesday, 9 November 2016

Department of Justice and Equality

Residency Permits

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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65. To ask the Minister for Justice and Equality if stamp 4 will be facilitated in the case of a person (details supplied); and if she will make a statement on the matter. [33988/16]

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 5 February 2011 and was registered as a student on Stamp 2 conditions between 1 March 2011 and 30 September 2016.

On 5 October 2015, the person concerned made an application for permission to remain in the State on the basis of their parentage of an Irish citizen child. However, this application was refused on 16 September 2015 as the child in question was not the holder of an Irish passport.

In respect of the position in the State of the person concerned, I wish to draw the Deputy’s attention to the Student Pathway information leaflet which is currently available on the INIS web site. This notice clarifies the position in relation to a non-EEA student registered in Ireland prior to 1 January 2011. As well as the above document, a series of guideline notes outlining how the new immigration regime operates is available on the INIS web site, including information on maximum time limits for students who wish to study at Language Non Degree Level and Degree Level. In that regard, under the Student Pathway Scheme, the person concerned has the option of remaining in the State as a student if they fulfil the criteria that are specified on the web site. However, as they are on the Student Pathway, the person concerned is not eligible for permission to remain in the State under Stamp 4 conditions.

The person concerned also has the option of applying for a work permit. They can make an application for same to the Department of Jobs, Enterprise and Innovation. However, the Deputy should note that the criteria and procedures for applying for such a permit are matters for the Employment Permit Section of the Department of Jobs, Enterprise, and Innovation.

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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