Written answers

Thursday, 16 February 2017

Department of Justice and Equality

Residency Permits

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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88. To ask the Minister for Justice and Equality the procedure to be followed to regularise residency here in the case of a person (details supplied); and if she will make a statement on the matter. [7968/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that they do not have a record of the person named by the Deputy currently registered in the State. Without further details or a date of birth, it is not possible to make further checks. As no details of family members have been given I cannot comment any further in this regard. If the person concerned wishes to regularise their status in the State they should write to Residence Unit 2 in INIS outlining a history of their stay in the State and by providing a full copy of their passport.

From the limited details provided, it appears that the person concerned may never 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.

Might I remind the Deputy, that queries in relation to individual 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. In the cases of persons who are illegally present in the State they should always be advised to make an application to INIS.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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89. 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. [7969/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I refer the Deputy to his earlier Parliamentary Question, No. 60 of Thursday, 9th February, 2017, and the written reply to that Question. I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the position is unchanged since then. The text of that earlier reply is copied beneath.

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that in accordance with Section 3 of the Immigration Act 1999, the person concerned was notified by letter that the Minister proposed to make a Deportation Order in respect of them. They were given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why they should not have a Deportation Order made against them.

The position in the State of the person concerned will now be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation. All representations submitted will be considered before a final decision is made.

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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90. 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. [7971/17]

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 this person arrived in the State on 23 June 2015 and registered as a student on 13 July 2015. This permission expired on 17 June 2016. There is no record that this person has made any application to my Department.

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 Act of 2004 to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both.

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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91. To ask the Minister for Justice and Equality the position on consideration of eligibility for long-term residency in the case of a person (details supplied); and if she will make a statement on the matter. [7972/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), dated 13th October, 2016, written representations have been submitted on behalf of the person concerned.

These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.

The position in relation to the immigration status of Long Term Residency is that, at the date of application, a person applying for such status must have been legally resident in the State for over five years (60 months) on the basis of work permit, work authorisation or working visa conditions and, as such, must have Stamp 1 or Stamp 4 endorsements on their passport during such periods. Given that the person concerned has no current right of residency in the State, they would clearly not be in a position to meet the lawful residency criteria applicable to persons applying to my Department forLong Term Residency status.

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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92. To ask the Minister for Justice and Equality the position on the determination of 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. [7973/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), dated 6th September, 2016, written representations have been submitted on behalf of the person concerned.

These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.

The position in relation to the immigration status of Long Term Residency is that, at the date of application, a person applying for such status must have been legally resident in the State for over five years (60 months) on the basis of work permit, work authorisation or working visa conditions and, as such, must have Stamp 1 or Stamp 4 endorsements on their passport during such periods. Given that the person concerned has no current right of residency in the State, they would clearly not be in a position to meet the lawful residency criteria applicable to persons applying to my Department forLong Term Residency status.

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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93. To ask the Minister for Justice and Equality the position on entitlement to long-term residency and eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [7975/17]

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 this person arrived in the State on 23 November 2008 and registered as a student on 5 December 2008. Their final permission to remain in the State expired on 12 January 2012. There is no record of when this person's spouse entered the State or if they ever had permission to remain in this State. There is no record that either person has made any application to my Department.

It should be noted 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 Act of 2004 to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both.

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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94. 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. [7976/17]

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, on 16 November 2015, this person made a request for permission to remain in the State and on 15 June 2016 this person was granted Stamp 2 Student Permission for 18 months. This person's permission attached a condition that allows them to work on student vacation conditions. This person has permission to remain in the State until 15 December 2017. The onus is on this person to keep their permission up to date and to comply with all the conditions attached to that permission.

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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