Written Answers Nos. 150-157
150. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position on residency-entitlement to naturalisation in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [28582/13]
View answerThe person concerned has been granted permission to remain in the State for the period to 7th June, 2016. This decision was conveyed in writing to the person concerned by letter dated 7th June, 2013.
It will be open to the person concerned to apply to the Citizenship Division of my Department for a Certificate of Naturalisation when she is in a position to meet the lawful residency criteria applicable to the lodgement of such applications. Details on the criteria to be met by persons lodging such applications are available from my Department's Website (www.justice.ie).
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 or too long awaited.
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.
152. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when update of Stamp 4 will issue in the case of a person (details supplied) in Dublin 3; and if he will make a statement on the matter. [28585/13]
View answerThe person concerned was granted temporary permission to remain in the State under stamp 4 conditions on 1 December, 2005 for an initial two year period, under the revised arrangements applicable to the non-EEA national parents of the Irish born children born in the State before 1 January, 2005, more commonly known as the IBC/05 Scheme. The permission was subsequently renewed with the latest renewal period expiring in April, 2013.
I understand that a request from the person concerned for a renewal of permission to remain, with some supporting documentation, has been received by my officials in the Irish Naturalisation and Immigration Service (INIS). However, further documentation is required and officials in the INIS will be writing to the person concerned in the coming days to request same. On receipt of this documentation, the case of the person concerned will be further examined.
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 this 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 or too long awaited.
153. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position on residency-entitlement to naturalisation in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [28588/13]
View answerOfficials in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question.
Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must -
- be of full age
- be of good character
- have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years
- intend in good faith to continue to reside in the State after naturalisation
- have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—
(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and
(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.
Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended.
Queries in relation to the status of individual immigration cases may be made directly to 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 INIS is, in the Deputy’s view, inadequate or too long awaited.
154. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position on the determination of eligibility for naturalisation in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [28589/13]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) that a valid application for a certificate of naturalisation was received from the person referred to by the Deputy in October, 2012.
The application is being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence, and will be submitted to me for decision as expeditiously as possible.
As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
Queries in relation to the status of individual immigration cases may be made directly to 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 INIS is, in the Deputy’s view, inadequate or too long awaited.
155. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position on the determination of eligibility for naturalisation in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [28590/13]
View answerAn application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) in August, 2011.
On examination of the application submitted it was determined that the person in question did not meet that statutory residency requirements as set out in the Irish Nationality and Citizenship Act 1956, as amended. The person concerned was informed of this in a letter issued to him on 3 February, 2012.
It is open to the individual referred to by the Deputy to lodge a further application for citizenship if and when they are in a position to meet the prescribed statutory requirements. The on-line Naturalisation Residency Calculator available on the INIS web-site at www.inis.gov.ie can be used as a guide to whether an individual satisfies the naturalisation residency conditions and, if not, give an indication of how long they should wait before making an application.
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 or too long awaited.
156. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position on determination of eligibility for residency-naturalisation in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [28591/13]
View answerOfficials in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question.
Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must -
- be of full age
- be of good character
- have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years
- intend in good faith to continue to reside in the State after naturalisation
- have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—
(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and
(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.
A foreign national who is married to, or is the Civil Partner of, an Irish citizen for at least three years may apply for naturalisation under section 15A of the Irish Naturalisation and Citizenship Act 1956, as amended, where they have been continuously resident in the island of Ireland for the year immediately prior to the date of their application and for two out of the four years prior to that year. The marriage or civil partnership must be subsisting and recognised under Irish law. Section 15A provides that the Minister may waive certain conditions for naturalisation if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.
Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended.
Queries in relation to the status of individual immigration cases may be made directly to 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 INIS is, in the Deputy’s view, inadequate or too long awaited.
157. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed to regularise residency and prepare for naturalisation in the case of a person (details supplied) in County Westmeath; if he will set down the procedure to be followed; and if he will make a statement on the matter. [28592/13]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to is the subject of a Deportation Order so therefore has no right to residency or naturalisation in the State.
The person concerned is the subject of a Deportation Order, signed on 19 February 2013, following a detailed examination of the representations he submitted for consideration under Section 3 of the Immigration Act 1999 (as amended).
The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State.
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 or too long awaited.
