John Brady (Wicklow, Sinn Fein)
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107. To ask the Minister for Justice and Equality the steps that have been taken to bring practice in line with the commitment the State has made in signing the Council of Europe Convention on preventing and combatting violence against women and domestic violence, in view of the fact that the convention contains rules on the retention of residence status by victims of domestic violence; and if she will make a statement on the matter. [41607/16]

John Brady (Wicklow, Sinn Fein)
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137. To ask the Minister for Justice and Equality the steps that have been taken to bring practice in line with the commitment the State has made in signing the Council of Europe Convention on preventing and combatting violence against women and domestic violence, in view of the fact that the convention contains rules on the retention of residence status by victims of domestic violence; and if she will make a statement on the matter. [41609/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 107 and 137 together.

The Istanbul Convention is a significant legal instrument in combatting domestic violence and work is underway in implementing the remaining legislative and administrative actions required to enable Ireland to ratify the Convention. With regard to the Convention article which is the subject of the Deputy's question, Ireland is already compliant.

The Irish Naturalisation and Immigration Service (INIS) has published guidelines on how the Irish immigration system deals with cases of domestic violence where the victim is a foreign national whose immigration status is currently derived from or dependant on that of the perpetrator. The key element is to offer the victim an avenue to obtain independent immigration status is his/her own right. The guidelines set out the options that people have in these circumstances.

INIS considers each case on its merits. INIS requires as much information as possible to make a decision. The application for independent status as a victim of domestic violence should set out details of the domestic violence suffered and make a request for independent immigration status. Any relevant family circumstances, especially whether there are any children involved, should be disclosed.

The sort of supporting material INIS looks for to establish that domestic violence is being suffered would include Protection Orders; Safety Orders or Barring Orders from the Courts; medical reports; Garda incident reports; a letter from a State body such as the HSE; a letter of support from a domestic violence support organisation etc.

Generally the immigration status granted would be at the same level as that which was previously held as a dependant. The main difference is that this status is no longer dependent on the spouse or partner and that person will have no say in whether the applicant is permitted to stay in Ireland. Where it becomes necessary for the victim to work to support themselves or family members lawfully residing in the State, an appropriate status can be granted.