Written answers

Tuesday, 20 June 2017

Department of Justice and Equality

Residency Permits

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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840. To ask the Tánaiste and Minister for Justice and Equality the residency status and-or expected eligibility in the case of a person (details supplied); and if he will make a statement on the matter. [28367/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Services (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.

I am informed that the person concerned was requested to provide reliable DNA evidence confirming the child's entitlement to Irish citizenship. DNA evidence is requested in circumstances where (i) doubts exist as to a particular child's entitlement to claim Irish citizenship and (ii) doubts exist as to the biological relationship between a child and parent. It is a measure used by INIS, on a regular basis, to ensure that the integrity of the State's immigration system is protected.

The onus is on individual applicants to obtain such DNA evidence in cases where, without it, they cannot satisfy the INIS as to the parentage of an Irish citizen child. While my Department cannot compel any person to obtain DNA evidence to prove parentage of an Irish citizen child, it may refuse to grant a right of residency in circumstances where it is not satisfied as to the child's entitlement to Irish citizenship.

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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841. To ask the Tánaiste and Minister for Justice and Equality the residency status and-or expected eligibility for long term residency in the case of a person (details supplied); and if he will make a statement on the matter. [28368/17]

Photo of Charles FlanaganCharles Flanagan (Laois, 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), 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.

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