Written answers

Thursday, 20 June 2019

Department of Justice and Equality

Residency Permits

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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119. To ask the Tánaiste and Minister for Justice and Equality if consideration will be given to facilitating an application for a work permit or other residency facility in the case of a person (details supplied) in view of the fact that they have an ongoing offer of employment; and if he will make a statement on the matter. [26007/19]

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 persons 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.

I am advised that the INIS would be prepared to review the cases of the persons concerned in circumstances where they presented documentary evidence to show that they had a concrete offer of paid employment available to them. The Deputy will appreciate that any such offer of paid employment must be on the prospective employer's headed paper; it must describe the specific position being offered; it must set out the proposed salary or salary scale; it must provide an indication that any such position is available immediately, is whole-time and is not subject to seasonal factors. Upon receipt of documentary evidence of the nature described, the INIS will undertake a review of the case of the person concerned.

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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120. To ask the Tánaiste and Minister for Justice and Equality when consideration will be given to awarding appropriate residency status in the case of a person (details supplied); and if he will make a statement on the matter. [26008/19]

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 the person concerned applied for a residence card as a family member of an EU citizen, in this case a spouse, on 07/09/2012 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.

Following a review of the original decision of 08/03/2013 to refuse to approve a residence card, the person concerned was granted a residence card under EU Treaty Rights on 06/02/2014 valid for a period of 5 years.

The person concerned subsequently applied on 04/07/2018 for a permanent residence card as a family member of an EU citizen under the provisions of the aforementioned Regulations and Directive. This application is under consideration.

In light of information that became available to the Minister, the residence card granted to this person in 2014 was revoked for the reasons set out in the letter that issued to the person concerned on 21/01/2019. The person concerned submitted a request for a review of that decision on 07/02/2019. The review is under consideration.

A decision in respect of the application for a permanent residence card and the request for review 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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121. To ask the Tánaiste and Minister for Justice and Equality the current or expected position in regard to residency status and eligibility for stamp 4 in the case of a person (details supplied); and if he will make a statement on the matter. [26009/19]

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 for a residence card as a family member of an EU citizen, in this case a stepchild, on 07/09/2012 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. Following a review of the original decision of 08/03/2013 to refuse to approve a residence card, the person concerned was granted a residence card under EU Treaty Rights on 06/02/2014 valid for a period of 5 years.

The person concerned subsequently applied on 19/11/2018 for a permanent residence card as a family member of an EU citizen under the provisions of the aforementioned Regulations and Directive. This application is still under consideration. Applications are dealt with in 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.

In light of information that became available to the Minister, the residence card granted to this person in 2014 was revoked on 21/01/2019. The person concerned was afforded an opportunity to seek a review of that decision. However, a request for review of the decision to revoke the residence card was not received within the allocated 15 days or since.

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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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122. To ask the Tánaiste and Minister for Justice and Equality the position regarding residency status in the case of a person (details supplied); and if he will make a statement on the matter. [26010/19]

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 the person concerned applied for a right of residency, accompanied by a right to work, based on their parentage of an Irish citizen child on 15 October 2018. The Deputy will appreciate that applications are dealt with in chronological order. I understand that the application is under consideration at present and INIS will be in contact with the person concerned in due course.

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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