Dáil Éireann Debate, Tuesday - 23 March 2010
429 Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that applicants for naturalisation are having their applications deferred if they become unemployed, even when their work authorisation confines them to specific fields of employment; and his views on relaxing the work authorisation terms to allow such persons to apply for other jobs. [12434/10]
View answerI have adopted a general policy that I will normally require an applicant for naturalisation, unless he/she is a refugee, programme refugee or Stateless person, to show that he/she has supported him or herself (and his or her family if appropriate) while residing in the State and, as far as can be determined, is in a position to continue that support into the future. Where an applicant has become unemployed there is a doubt as to whether they will be in a position to support themselves into the future. I have decided in some cases to defer a final decision on an application for a certificate of naturalisation, to give an applicant time to demonstrate that they can support themselves and their dependants. Invariably, this has been to the applicant's benefit.
As the Deputy will be aware a new policy was implemented in 2009 whereby foreign nationals who had worked for 5 consecutive years with employment permits and who had kept their immigration permission up to date and met certain other conditions, were to be granted Stamp 4 immigration permission. A certain tolerance was built into the system to cater for gaps in immigration registration, with gaps of up to 3 months duration being allowed subject to a maximum total for all gaps of 6 months in the 5 year period. Cases that do not meet these requirements are not eligible for the concession outlined under the new policy. It should be noted that the concession is entirely ex-gratia and also that foreign nationals have a responsibility to keep their registration up to date.
For persons who do not qualify for the concession, either because they have less than 5 years of employment permits or because their registration gaps exceed the permitted periods, the general provision for redundant workers apply. These provisions, which have been considerably enhanced, allow for such persons to receive a 6 month grace period under an immigration Stamp 1 within which they can seek other employment.
