Skip to main content
Normal View

Immigration Status

Dáil Éireann Debate, Wednesday - 20 March 2013

Wednesday, 20 March 2013

Questions (376)

Pearse Doherty

Question:

376. Deputy Pearse Doherty asked the Minister for Justice and Equality if he will respond to correspondence sent to him regarding an application to remain here under the 2004 student probationary extension in respect of a person (details supplied) in Dublin 2; if this application will be approved in view of the fact that the applicant commenced studies in December 2004; and if he will make a statement on the matter. [14144/13]

View answer

Written answers

As a final measure in fully implementing the student immigration rules which commenced on 1 January 2011, a student probationary extension has been made available to those non-EEA students who first registered their residence in Ireland as a student on or before 31 December 2004 and who commenced their studies in Ireland on or before 31 December 2004. Students who satisfy these criteria may apply for the special probationary extension.

Following an examination of this case INIS has determined that the student referred to first registered his residence as a student in Ireland in January 2005 and from enquiries made with his college that he commenced his course of studies in January 2005. Having regard to this, the student is therefore not eligible for the 2004 Student Probationary Extension.

It is also important that the 2004 Probationary Extension be considered in the context of the overall transitional arrangements implemented in respect of non-EEA students resident in Ireland on 1 January 2011. Special provisions were made to facilitate non-EEA students who became “timed out” as a result of the rules introduced on 1 January 2011. These provisions were extended on several occasions since the introduction of the student immigration rules to allow "timed-out" students to complete their studies, avail of post-study pathways or to secure alternative immigration permission, for example by way of an employment permit. I understand that the student in this case has availed of the special ‘timed out’ permission since 30 September 2011.

The fact that the student is not eligible to avail of the 2004 Student Probationary Extension will not prejudice any other applications that the student wishes to make to INIS regarding their immigration permission.

Top
Share