Residency Permits.

Dáil Éireann Debate, Tuesday - 19 January 2010

Tuesday, 19 January 2010

Questions (548, 549, 550)

Denis Naughten

Question:

607 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the average waiting time to process EU treaty rights applications for residence by non-European Economic Area family members of EU or EEA citizens, EU Directive 2004/38/EC and SI 656/2006 refers; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to expedite the processing time; and if he will make a statement on the matter. [1566/10]

Written answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern)

I am informed by the Immigration Division of my Department that all applications for residence in the State on the basis of EU Treaty Rights by non-EEA family members of EU or EEA citizens are currently being processed within the six month statutory time frame set out in Directive 2004/38/EC as implemented in Ireland by Statutory Instrument 656/2006 as amended by Statutory Instrument 310/2008.

The EU Treaty Rights Statistics requested by the Deputy in respect of the year 2009 are set out in the table.

Year	Decision Type	Total
2009	Approved	1,541
	Refused	957
	Withdrawn	52
	Not Accepted	90
	Awaiting Decision	1,161

Denis Naughten

Question:

608 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the average waiting time to process married to an Irish national applications from non-European Economic Area national spouses of Irish nationals for residence here on the sole basis of their marriage; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to expedite the processing time; and if he will make a statement on the matter. [1567/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern)

While marriage to an Irish national by a non EU national does not convey any automatic right to reside in the State, if a non EU national spouse of an Irish national was already legally resident in the State prior to the marriage, then he or she can make a request to the local Registration Officer for a change of their immigration status to reflect their marriage to that Irish national.

If, however, the non EU national has no legal status or is an asylum seeker in the State at the time of the marriage, he or she may make an application to the Spouse of Irish National Unit, Immigration Services Section, Irish Naturalisation & Immigration Service, 13/14 Burgh Quay, Dublin 2 seeking permission to reside in the State on that basis.

I am informed by the Immigration Services Section of the Irish Naturalisation and Immigration Service that applications of this type are currently taking 6 — 7 months to process. The processing time for dealing with such applications can vary depending on the particular circumstances of each individual case and the nature of the investigation required. This processing time meets our current expectations and in fact in the High Court Case of K M & D G -v- The Minister for Justice, Equality and Law Reform (2007 No. 321 J.R.) Justice John Edwards held that a period of between 9 and 12 months was reasonable for the making of such decisions.

At the end of December 2009 there were 149 applications on hand. Applications are dealt with as quickly as possible having regard to the nature of the application and overall resources across the full range of services provided by the Irish Naturalisation and Immigration Service.

The table outlines the figures for the past 12 months in respect of applications processed by the Spouse of Irish National Unit.

Month	Received	Approved	Refused
January	24	42	9
February	38	38	1
March	47	70	1
April	32	38	5
May	44	28	4
June	37	43	7
July	52	38	8
August	38	45	2
September	37	34	1
October	46	33	3
November	55	31	6
December	36	32	3
Overall	486	472	*50

*1 Application withdrawn not refused.

Denis Naughten

Question:

609 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the average waiting time to process business permission applications from non-European Economic Area nationals for permission to reside in the State for the purposes of establishing and operating a commercial business; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to expedite the processing time; and if he will make a statement on the matter. [1568/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern)

I am informed by the Immigration Services Section of the Irish Naturalisation and Immigration Service that applications for Business Permission are currently taking 5-6 weeks to process on receipt of fully completed applications.

Applications are dealt with as quickly as possible having regard to the nature of the application and overall resources across the full range of services provided by the Irish Naturalisation and Immigration Service. At the end of December 2009 there were 10 applications on hand awaiting decision.

The table outlines the figures for the past 12 months in respect of applications processed by the Business Permission Unit.

Business Permission Applications 2009

Month	Received	Approved	Refused	Abandoned
January	7	7	4	3
February	15	11	3	4
March	18	2	14	3
April	21	9	17	3
May	18	7	11	0
June	9	4	12	0
July	12	6	6	0
August	10	3	2	0
September	10	7	5	1
October	21	6	8	0
November	16	10	7	0
December	7	14	1	0
Overall	164	86	90	14