Catherine Connolly (Galway West, Independent)
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1087. To ask the Tánaiste and Minister for Justice and Equality the analysis her Department has carried out with regard to upgrading existing dependent stamp 3 permissions to stamp 4 permissions for the duration of the citizenship application process for young persons that have lived and attended school in Ireland for a period of three years or more; and if she will make a statement on the matter. [33872/20]

Catherine Connolly (Galway West, Independent)
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1088. To ask the Tánaiste and Minister for Justice and Equality the impact assessment her Department has carried out into the practice of providing dependent stamp 3 permission to young persons that have lived and attended school in Ireland but whose parents are non-EEA citizens; her views on the fact that this cohort of young persons that may have lived in Ireland most of their lives are unable to work and are ineligible for student grants; and if she will make a statement on the matter. [33873/20]

Catherine Connolly (Galway West, Independent)
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1089. To ask the Tánaiste and Minister for Justice and Equality the assistance her Department provides to non-EEA parents living in the State whose children will be provided with stamp 2A or stamp 3 permission upon turning 16 with regard to the importance of applying for citizenship as early as possible to avoid their children being treated as dependents and, as such, not permitted to work in the State until they have been awarded citizenship; and if she will make a statement on the matter. [33874/20]

Helen McEntee (Meath East, Fine Gael)
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I propose to take Questions Nos. 1087, 1088 and 1089 together.

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.

Access to the labour market, third level education and other public services are a matter for each of the relevant Departments. Access to these services on the same basis as EEA nationals can be achieved through acquiring Irish citizenship. The State is obliged to provide all children with free primary and post-primary education. Access to free third level education for Irish born non-citizen young persons is dependent on having the appropriate permission to remain in the State. Those young persons who do not qualify for free third level education may still be eligible for EU fee rates. Access to employment is also dependent on having the necessary permission, the same as for any other migrant in the State.

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.

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. Consultations on any policy proposals will also need to take place with relevant stakeholders including with other relevant Government Departments and the Office of the Attorney General.

I would encourage any person who is resident in the State without permission to contact my Department or their local immigration office and to take all appropriate steps to regularise their own and their family's status. In all cases, people must engage with the authorities if they wish to be permitted to remain here legally. The Immigration Service of my Department examines each case of an undocumented or illegal person in the State on a case-by-case basis and is considered on its individual merits.