Mick Barry (Cork North Central, Solidarity)
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731. To ask the Tánaiste and Minister for Justice and Equality if it will be ensured that persons born and resident here who are not Irish, EU, UK, EEA or Swiss nationals will get permission and permanent status to ensure that such persons do not have to apply for work permits in order to work here; and if she will make a statement on the matter. [27106/20]

Helen McEntee (Meath East, Fine Gael)
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The parent, guardian or person who is in loco parentis to a child born in the State without an entitlement to Irish citizenship at birth, may lodge an application for naturalisation on behalf of the child, if and when the conditions for naturalisation are satisfied. This includes a requirement to have a total of 5 years residence in the State. This ensures that there is a path to obtaining Irish citizenship through the naturalisation process for these children.

Entitlement to Irish citizenship is governed by the Irish Nationality and Citizenship Act 1956, as amended. The Act distinguishes between the entitlement to citizenship by birth and descent and to the acquisition of citizenship through the naturalisation process. Following a referendum in 2004, the Irish Nationality and Citizenship Act 2004, amended Section 6 of the 1956 Act. 

The changes came into effect on 1 January 2005. As of that date, a person born on the island of Ireland is not entitled to be an Irish citizen, unless that person's parents have been legally resident on the island of Ireland for a total of three years during the four years preceding that person's birth. Periods of unlawful residence, periods of residence which were for the sole purpose of having an application for refugee status determined or periods of residence where permission was granted for the purposes of study are excluded from the reckonable residence. 

The Programme for Government contains a commitment to create new pathways for long-term undocumented people and their dependents meeting specified criteria to regularise their status within 18 months of the formation of the Government, bearing in mind European Union and Common Travel Area commitments. Ireland along with other Member States of the EU, has committed, under the European Pact on Immigration and Asylum (2008), to a case-by-case approach as opposed to mass regularisation.  However, the Government recognises that some of our own citizens face similar challenges abroad and is sympathetic to the situation of people who find themselves in an undocumented position through no fault of their own.

A policy paper on the matter is being drafted by my Department at the present time, which will include an assessment of international best practices. Previous regularisation schemes, such as the 2018 Student Scheme and earlier such schemes, will also be considered in any future policy. 

Bernard Durkan (Kildare North, Fine Gael)
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732. To ask the Tánaiste and Minister for Justice and Equality the procedure to be followed by a person (details supplied); and if she will make a statement on the matter. [27131/20]

Helen McEntee (Meath East, Fine Gael)
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On 18 September 2020, I announced a further temporary extension of immigration and international protection permissions to 20 January 2021. This applies to permissions that are due to expire between 20 September 2020 and 20 January 2021 and to the same 3 primary categories of persons as before: 

1. Those who are renewing their permission
;
2. Those awaiting a first registration; and 
3. Those in the country on a short stay visa who are unable to return home due to uncertainties caused by the coronavirus pandemic.  

A person who is in a long-term relationship with an Irish citizen may be eligible to apply for De Facto Partnership permission to remain in the State. In order to apply for De Facto Partnership immigration permission, a non EEA national (the Applicant) who wishes to remain the State and is in a relationship with an Irish National or an Irish Resident (the Sponsor) must be in a position to provide documentary evidence of a durable relationship, akin to marriage, with evidence of cohabitation of at least two years on the date of application. 

De Facto Partnership applications are normally only accepted from individuals who have a valid permission to be in the State and are present in the State at the time of applying. However, due to the exceptional circumstances arising from COVID-19, the Immigration Service of my Department is accepting applications from non-EEA nationals who are De Facto partners of Irish citizens and are currently here on a visitor’s permission. All applications for residence that have a De Facto element are subject to a significant degree of verification to establish the nature of the relationship.

As a temporary measure, applications can be submitted to Unit 5 Domestic Residence and Permissions Division, Immigration Service Delivery, PO Box 12595, Dublin 2 or via email to INISdefacto@justice.ie. The application form for De Facto Partner is available on the Immigration Service website for download and completion at: www.inis.gov.ie/en/INIS/Pages/De%20Facto%20Relationships.

Applicants must remain in the State for the duration of their application. There is no fee for De Facto Partnership applications. The Immigration Service may grant temporary residence permission (Stamp 3) while a De Facto partner application is under consideration.

It is open to an applicant to apply under Section 16(a) of the Irish Nationality and Citizenship Act 1956, where the applicant is of Irish descent or has Irish association. Under the legislation, a person is of Irish association if they are related by blood, affinity or adoption to, or is the civil partner of, a person (living or deceased) who is/was an Irish citizen or entitled to be an Irish citizen. A civil partner of such a person may also qualify.  

In such cases, the conditions for naturalisation set out under Section 15 of the Act, including residency may be waived on a discretionary basis. The onus is on the applicant to provide evidence of Irish descent or Irish association.

The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended.  All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act.

Jennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)
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733. To ask the Tánaiste and Minister for Justice and Equality the timeline for an application for a stamp 4 permission by a person (details supplied) whose partner and child are Irish nationals; when a decision will be made on the application; and if she will make a statement on the matter. [27132/20]

Helen McEntee (Meath East, Fine Gael)
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The person referred to by the Deputy applied for a right of residency, accompanied by a right to work, based on their parentage of an Irish citizen child on 24 June 2019. In the interest of fairness to all applicants, applications are dealt with in chronological order.  I understand that the application is under consideration at present and my Department 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 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 is, in the Deputy's view, inadequate or too long awaited.