Written answers

Wednesday, 19 January 2022

Department of Justice and Equality

Immigration Policy

Photo of Denis NaughtenDenis Naughten (Roscommon-Galway, Independent)
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1314. To ask the Tánaiste and Minister for Justice and Equality if there are circumstances in which a stamp 3 is not reckonable for an application for citizenship; if a person takes up employment while on a stamp 3, if the stamp 3 continues to be reckonable for an application for citizenship; and if she will make a statement on the matter. [2202/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The holder of a Stamp 3 immigration permission has permission to stay in Ireland for a specified period, subject to conditions. These conditions do not permit the holder to work or engage in any business, trade or profession, unless they have applied for and been granted a work permit by the Department of Enterprise Trade and Employment (DETE). In these circumstances, they would need to present at their local registration office and, when registering, apply for a change of status. 

The onus is on the person to familiarise themselves with the conditions attaching to their immigration permission, as non-compliance with any or all of the conditions attached to a permission to remain in the jurisdiction would be viewed as a matter of serious concern.  If they fail to adhere to those conditions their permission may not be renewed and they may be required to leave the country.

Time spent in the State on a Stamp 3 immigration permission is reckonable as residence when applying for citizenship by naturalisation. However, should the applicant not abide by the conditions applicable to their granted permission, this would have to be taken into account when examining the good character of the applicant in considering an application for citizenship or any other immigration permission. 

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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1315. To ask the Tánaiste and Minister for Justice and Equality the steps a person can take to have an elderly dependent relative who is from a non-EEA country join them in Ireland particularly in cases in which the person does not have an after-tax income of €60,000; and if she will make a statement on the matter. [2205/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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If a person is an elderly relative of a non-EU/EEA or non-Swiss citizen and they wish to join their family member in Ireland, it may be open to them to apply for permission to reside under Stamp 0 conditions. 

Stamp 0 may only be granted if they can prove that their relative, in Ireland, can support them financially and otherwise. The financial requirements to allow a person to sponsor an elderly dependent relative are set out in Chapter 18 of the Non-EEA Family Reunification Policy Document available on my Department's Irish Immigration website (www.irishimmigration.ie).

The sponsor must hold an appropriate permission and must also be registered with immigration. Stamp 0 is subject to several conditions and limitations. For example, it does not allow the person to access any public services, such as health services or public hospitals.

It is of course entirely understandable that an Irish citizen or a non-EEA national lawfully resident in the State would wish to have their elderly parent residing with them so as to ensure their wellbeing as they get older and for the general enrichment of family life. However, it must also be acknowledged that the potential financial liability for the State of providing medical treatment, perhaps nursing home care and other services to an elderly person who is unable to support themselves is very considerable.

The Irish State is not in a position to take on financial responsibilities of this nature, and should not be expected to do so. However, each case must be viewed on its particular merits to see if there are circumstances that would warrant a positive decision. The onus must however be on the family to show that there is no viable alternative to the parent(s) coming to Ireland.

Given the level of risk, which cannot be fully mitigated by undertakings of financial support by family members, the financial thresholds for earnings to support an elderly dependent relative must be high enough to meet the foreseeable expense. Therefore, a sponsor of an elderly dependent relative will need to have earned in Ireland in each of the three years preceding the application an income after tax and deductions of not less than €60,000 in the case of one parent and €75,000 where two parents are involved. Where the elderly dependent relative has a guaranteed income into the future this can be used to partially offset the financial limits (bearing in mind however that a person with a sufficient personal income for their needs cannot reasonably be regarded as financially dependent).

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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1316. To ask the Tánaiste and Minister for Justice and Equality the status of the implementation of measures to speed up processing times and to reduce the overall number of applicants in the international protection process; and if she will make a statement on the matter. [2214/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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My Department's overall objective is to have decisions made on applications from people seeking international protection as quickly as possible. This ensures that those who are found to be in need of protection in Ireland can receive it quickly and begin rebuilding their lives here with a sense of safety and security. 

However, efforts to improve processing times have been seriously impacted by Covid-19, which has reduced the output of decisions below that projected in advance of the pandemic.

My Department is fully committed to implementing the key recommendations in the Expert Advisory Group Report to reduce processing times of both first instance decisions and appeals to 6 months respectively, as outlined in the White Paper to End Direct Provision and Establish a New International Protection Support Service. 

The White Paper proposes that the new system should be operational by 2024 and that the intervening period should provide an opportunity to progress improvements in the overall processing times for international protection. 

An end-to-end review of relevant international protection processes by a multi-disciplinary team from my Department, has now been completed and published. Over the last number of months, my Department has implemented measures to assist in meeting its overall objectives in this regard and improve on efficiencies and case throughput.

One such measure is the careful identification of certain applications that may proceed without the need for an interview. While applicants for international protection are generally interviewed, the legislation allows a trained international protection officer to dispense with the interview if they are of the opinion that, based on the available evidence, the applicant is a person that should be granted a refugee declaration.

Other measures include the restructuring of teams within the International Protection Office (IPO) to allow for more efficient workflow, identification and streamlining of processes and ensuring that staff are directed to the areas where they can add most value.

A case management function has been implemented to have oversight of applications and ensure they are moved through the process without unnecessary delay. Additional staff have also been trained to conduct interviews, which has increased interviewing capacity, and a revised, “plain English” approved, shorter international protection questionnaire is in place since 28 June 2021, and is available in a wide selection of languages. Applicants can also now fill in the questionnaire online and submit it by e-mail to the IPO. The online questionnaire is currently available in English, French and Arabic, with more languages to follow.

Furthermore, as I announced recently, the Government's Regularisation Scheme for Undocumented Migrants will include a parallel process to implement the recommendation included in the Report of the Expert Advisory Group.  Applicants who have an outstanding international protection application and have been in the asylum process for a minimum of two years will be invited to apply for consideration under a separate strand of the Scheme.

My Department will, by October 2022 at the latest, commence a review of progress made in reducing and improving processing times. Based on the outcome of that review, we will decide by the end of this year whether additional measures are required in order to ensure that the new system can come into operation without the overhang of any significant number of legacy cases. 

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