Written answers

Thursday, 17 October 2019

Department of Justice and Equality

Immigration Status

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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160. To ask the Tánaiste and Minister for Justice and Equality the current and-or expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. [42894/19]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I am advised by the Immigration Service of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is ongoing. On completion of the necessary processing the application will be submitted to me for decision as expeditiously as possible. Should further documentation be required it will be requested from the applicant in due course. A letter issued to the legal representatives of the person concerned on 26 February 2019 and the position remains as stated in that letter.

I am further advised, however, that the Immigration Service records indicate that the current permission to reside in the State granted to the person concerned expired on 19 March 2019.  It is up to the person concerned to seek permission to remain beyond the expiry of their current permission.  All non-EEA nationals are required to keep their permission to remain in the State up to date at all times, and to have such permission registered.  Failure to do so may adversely affect an application for a certificate of naturalisation. 

Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service 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 Immigration Service is, in the Deputy’s view, inadequate or too long awaited.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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161. To ask the Tánaiste and Minister for Justice and Equality the entitlement accruing to the holder of stamp 3 residency status in situations in which the parent of the applicant is a holder of stamp 5 status; and if he will make a statement on the matter. [42903/19]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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The Deputy may be aware that there is comprehensive information on immigration permissions on the Immigration Service website - www.inis.ie

However, for the ease of the Deputy, I can advise that 'Without condition as to Time' (Stamp 5) is placed in the passport of an individual who has completed 8 years (96 months) of legal residency in Ireland. The stamp is valid to the expiry of the non EEA passport in which it is placed.  Applications are only accepted from applicants, whose current permission to remain is due to expire in the next six months. Student permission to remain in the State is not reckonable for this scheme. As this is a Ministerial scheme, successful applicants must not have come to the adverse attention of An Garda Siochana, or be an undue burden on the State.

 The holder of a stamp 3 is permitted to remain in Ireland on the basis that they are dependent on another person who is lawfully resident in the State. The holder of a stamp 3 permission is not permitted to work or claim any State welfare benefits. For example, a Stamp 3 permission can be issued to a  dependent person of a Non EEA national who holds a work permit in the State.  After 8 years they may apply for Stamp 5 permission to remain in the State in their own right.

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