Written answers

Thursday, 5 July 2018

Department of Justice and Equality

Leave to Remain

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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147. To ask the Tánaiste and Minister for Justice and Equality if a review of eligibility for leave to remain and extended residency can be undertaken in the case of a person (details supplied); and if he will make a statement on the matter. [29974/18]

Photo of Charles FlanaganCharles Flanagan (Laois, 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 applied on 30/5/2006 for a residence card as a family member of an EU citizen under the provisions of the European Communities (Free Movement of Persons) Regulations 2006 and Directive 2004/38/EC of the European Parliament and of the Council.

They stated at that time that they were the spouse of a citizen of the Netherlands who was exercising their EU Treaty Rights in the State. This application was approved on 04/11/2008, and the person concerned was provided with permission to remain in the State on a Stamp 4EUFam basis for a period of five years.

On 18/10/2011, the person concerned made an application for a Permanent Residence Card as a family member of an EU citizen under the same Regulations. They were advised on 11/04/2012 that their application had been refused. This was because they had failed to provide satisfactory evidence of residence in the State for a continuous period of five years or satisfactory evidence that the EU citizen was exercising their EU Treaty Rights in the State.

The person concerned requested a review of that decision on 17/04/2012, and they were advised on 17/07/2012 that their review had been successful. The person concerned was provided on that date with a Permanent Residence Card, which afforded them permission to remain in the State on a Stamp 4EUFam basis for a period of ten years.

The person concerned currently has permission to remain in the State on a Stamp 4EUFam basis until 17/07/2022. If their passport was due to expire before that date, then their passport would have been stamped until the date of their passport’s expiry. As they have been advised, they and the EU citizen should return to their local immigration office to have the remainder of the ten-year period endorsed in their passport when they are issued with a new or renewed passport.

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 the INIS is, in the Deputy’s view, inadequate or too long awaited.

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