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Immigration Policy

Dáil Éireann Debate, Wednesday - 20 February 2013

Wednesday, 20 February 2013

Questions (192)

Thomas Pringle

Question:

192. Deputy Thomas Pringle asked the Minister for Justice and Equality if he will consider allowing children attending secondary school who have a Stamp 2 under the registration of non-EEA nationals to apply for a Stamp 4, in order for them to attend third level education, before the age of eighteen to ensure they can have continuity in their education and access student support schemes here, recognising that they have been resident in the State for many years; and if he will make a statement on the matter. [9260/13]

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Written answers

It should be stated at the outset that a Stamp 4 immigration permission signifies only that the holder is lawfully resident in the State and can work without the requirement to hold an employment permit. It does not of itself confer rights to free university education or to student support grants. Decisions on eligibility for such supports are a matter for my colleague, the Minister for Education and Skills, although as a matter of practice the eligibility criteria may be based at least in part on the immigration stamp. In such circumstances any change in immigration practice could indirectly lead to greater exposure to the exchequer and that would have to be borne in mind.

Minor children, who are resident in the State in the care of Non-EEA parents granted permission to remain, derive their immigration status from that of their parents. Consequently any decision on whether a child's status should be changed must have reference to the status of the parent. Each case would have to be considered on its merits. As a general rule, however, a dependent would not receive a more favourable status than the person on whom he/she was dependent. It should also be borne in mind that the parent's status could be of a temporary or limited nature.

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that such students referred to may make an application to change their immigration status by writing to the General Immigration Division, Irish Naturalisation and Immigration Service, 13/14 Burgh Quay, Dublin 2.

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