Dáil Éireann Debate, Thursday - 13 June 2013
151. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed in order to regularise residency qualification for Stamp 4 or naturalisation entitlement in the case of a person (details supplied) in County Westmeath; if he will set out the procedure to be followed to update their position; and if he will make a statement on the matter. [28583/13]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy arrived in the State on 20 June 2005 as a visitor and was granted visitor's permission until the 29 June 2005. It would appear that the person has remained here without the appropriate permission. This is in breach of Section 5 (1) of the Immigration Act 2004 which provides that no non EEA national may be in the State other than in accordance with the terms of any permission given to him by or on behalf of the Minister. Furthermore, Section 5 (2) of the Act provides that a non EEA national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State. A person who is found to be in breach of the requirements of the Immigration Act 2004 may have committed an offence. A person found guilty of such an offence is liable under Section 13 of the Act of 2004 to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both.
The Irish Naturalisation and Immigration Service will contact the applicant shortly.
A non EEA national who does not have a valid work permit and works in the State would be in breach of the Employment Permits Acts 2003 and 2006. Indeed both an employee and the employer would be in breach of these Acts if a non EEA national is employed without the appropriate employment permit.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up-to-date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate of too long awaited.
