Written answers

Tuesday, 9 May 2017

Department of Justice and Equality

Immigration Status

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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97. To ask the Tánaiste and Minister for Justice and Equality if stamp 4 can issue in the case of a person (details supplied); and if she will make a statement on the matter. [21567/17]

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 the person concerned was granted permission to remain in the State, on a stamp 4 basis, on 11 April 2008. This permission was subsequently renewed with the latest permission granted up to 23 April 2018. This is the same position as was set out in my reply to Parliamentary Question No. 671 of 22 September, 2015.

The Deputy will be aware 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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98. To ask the Tánaiste and Minister for Justice and Equality when stamp 4 can issue in the case of a person (details supplied); the progress to date in the determination of their application for same; and if she will make a statement on the matter. [21568/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I understand that the person concerned made an application to the Irish Naturalisation and Immigration Service (INIS) for permission to remain in the State as the spouse of an Irish National. I have been informed that this application is currently being processed and that the person concerned will be contacted in due course.

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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99. To ask the Tánaiste and Minister for Justice and Equality the current residency status in the case of a person (detail supplied); and if she will make a statement on the matter. [21569/17]

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 have received no application from the person concerned. It seems that this person entered the State as a visitor in June 2007 and has remained in the State illegally since July 2007.

This person should be aware that it is unlawful for them, 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 of 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. As the person in question does not have immigration permission to remain in the State, they are not entitled to work. Against this background, they should be advised to write to Unit 2 Residence Division in INIS without delay and to include their current address, an outline of their history in the State, a copy of the birth certificate for the person's child, and a full copy of their passport or passports issued to either of them since their arrival in the State.

Might I remind the Deputy, that 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 the Parliamentary Question process. The Deputy may consider using the e-mail service except in questions 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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100. To ask the Tánaiste and Minister for Justice and Equality the expected residency status in the case of a person (details supplied); and if she will make a statement on the matter. [21571/17]

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 registered as a student in the State on 10 March 2014. This permission expired on 2 March 2015. No further application has been received in my Department from this person.

It appears that this person has been unlawfully in the State since March 2015. A non-national may not be in the State other than with the terms of any permission given to the person concerned by the Minister for Justice and Equality. A person who contravenes this requirement may have committed an offence and if found guilty is liable, under section 13 of the Immigration Act of 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 in the State.

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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101. To ask the Tánaiste and Minister for Justice and Equality the procedure to be followed to regularise residency status in the case of a person (details supplied); and if she will make a statement on the matter. [21572/17]

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 have no record of the person named by the Deputy.

From the limited information provided, it appears that the person concerned may never have had permission to remain in the State, and they should be aware that under section 5 of the Immigration Act, 2004 it is unlawful for a non-national to be in the State other than in accordance with the terms of any permission given by the Minister for Justice and Equality. A person who contravenes such a requirement may have committed an offence and if found guilty is liable, under section 13 of the Immigration Act of 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. As the person in question does not appear to have immigration permission to remain in the State, they are not entitled to work. Against this background, they should be advised to write to Unit 2 Residence Division INIS without delay and to include their current address, an outline of their history in the State, and a full copy of their passport or passports since their arrival in the State.

Might I remind the Deputy, that 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 the Parliamentary Question process. The Deputy may consider using the e-mail service except in questions 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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102. To ask the Tánaiste and Minister for Justice and Equality the position in respect of residency status in the case of a person (details supplied). [21573/17]

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 the person concerned applied for a right of residency, accompanied by a right to work, based on their parentage of an Irish citizen child. The application was received in the relevant section of the INIS on 13 October 2016. I am further informed that INIS wrote to the applicant on 7 March 2017 requesting further information and the application will be considered further when a reply is received.

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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