Immigration Status: 11 Apr 2019: Written answers (KildareStreet.com)

Charles Flanagan (Laois, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a request from the person concerned for permission to reside in the State on Stamp 4 conditions was received on 30 January, 2019.

INIS wrote to the person concerned on 30 January and 8 April, 2019 seeking further documents. It remains open to the person concerned to provide the information to Unit 2, Domestic Residence and Permissions Division, 13/14 Burgh Quay, Dublin 2. The request will be given detailed consideration upon receipt of a response.

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.

Charles Flanagan (Laois, 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 on 20/09/2016 for a residence card as a family member of an EU citizen under the provisions of the European Communities (Free Movement of Persons) Regulations 2015 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 Croatia.

This application was refused on 22/05/2017 as INIS was not satisfied that the EU citizen in this case, was exercising their EU Treaty Rights in the State through employment, self-employment, the pursuit of a course of study, involuntary unemployment, or the possession of sufficient resources in accordance with Regulation 6(3) of the 2015 Regulations.

The person concerned requested a review of that decision on 26/05/2017, which is currently under consideration. INIS confirm that they have received documentation from the person concerned in respect of their review and that they will correspond with the applicant should further information or documentation be required. The person concerned has been provided with a temporary permission to remain in the State on a Stamp 4 basis until 05/09/2019.

Applications are dealt with in strict chronological order, and a decision will issue to the person concerned in due course. Although it is not possible at the present time to provide a definitive date by which a determination will be made in this case, there will be no avoidable delay in completing same.

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

Charles Flanagan (Laois, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of a request for the person concerned to reside in this State on Stamp 4 conditions. However, the person concerned was granted permission to reside in the State on Stamp 1 conditions, as the holder of a general employment permit, until 19 December, 2019.

I am further informed that is open to the person concerned to apply for permission for specified Non-EEA family members to reside with him in the State subject to compliance with the relevant criteria as set out in the INIS Policy Document on Non-EEA Family reunification.It should be noted that holders of a general employment permit may apply for family reunification after they have resided in the State for a period of 12 months. Further information on the relevant criteria can be found on the INIS website ().

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.

Charles 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 information provided by the Deputy is not sufficient to establish the correct identity of the individual concerned in order to provide a response on the matter.

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.

Charles Flanagan (Laois, 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 on 12/10/2010 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 Portugal who was exercising EU Treaty Rights in the State. This application was refused on 19/04/2011.

On 10/05/2011 the person concerned sought a review of the decision to refuse their application. They were informed on 16/08/2011 that their review had been successful. The applicant was provided at that time with permission to remain in the State on a Stamp 4EUFam basis for a period of five years - from 16/08/2011 to 16/08/2016.

The person concerned applied on 06/09/2016 to retain their permission to reside in the State. However, they were advised on 15/07/2017 that their application had been refused. They were informed at that time that the right of a third country national family member to accompany or join an EU citizen in a host Member State, is a derived right dependent on the EU citizen residing in the State in exercise of their EU Treaty Rights in accordance with the provisions of the Regulations and the Directive.

INIS was satisfied, based on the information available, that the EU citizen had departed the State in 2013 and, as such, the EU citizen had ceased to exercise EU Treaty Rights in the State in accordance with the provisions of the Regulations and Directive at that time. As the Union citizen had not been exercising EU Treaty Rights in the State in accordance with the provisions of Regulation 6(3)(a) of the Regulations since 2013, the applicant’s derived right of residence under Regulation 6(3)(b) of the Regulations ceased from that time also.

The person concerned requested a review of that decision on 13/11/2017, which is currently under active consideration. INIS will correspond with the person concerned should further documentation, information, or clarification be required. I am informed by INIS that a decision will issue to the person concerned in the coming weeks.

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

Charles Flanagan (Laois, Fine Gael)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is insufficient information supplied by the Deputy in order to establish the immigration status of the person in question.

I am further informed that it is open to the person concerned to write to Domestic Residence and Permissions Division Unit 5, INIS, PO Box 12695, Dublin 2, setting out their current circumstances. Alternatively the person may email for further information on how to proceed.

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.

Charles 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), the person concerned has submitted written representations.

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 fully considered in advance of a final decision being 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.

Charles 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), the persons concerned have submitted written representations.

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 fully considered in advance of a final decision being 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.

Written answers

Thursday, 11 April 2019

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Department of Justice and Equality

Immigration Status

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