Dáil Éireann Debate, Thursday - 18 July 2013
576. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and/or expected position in regard to residency-naturalisation in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [36700/13]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy was granted permission to remain in the State for a period of five years - up to 15 January, 2014.This permission is based on being the spouse of an EU citizen who is resident in the State and in exercise of EU Treaty rights in accordance with the provisions of S.I. No. 656 of 2006 European Communities (Free Movement of Persons) (No. 2) Regulations 2006 (as amended) and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.
The right of a third country national family member to reside in a host Member State is a derived right dependent on the EU citizen residing in the State and exercising their EU Treaty rights in accordance with Section 6(2) of the Regulations. Where the EU citizen family member ceases to satisfy the conditions of Regulation 6(2), the derived right conferred on the third country national family member may no longer apply.
I understand that INIS is currently awaiting a response from the individual concerned to a letter of 3 July, 2013 to the individual's Solicitor requesting additional information, in order to establish if the third country national continues to hold a right of residency in the State in accordance with the provisions of the Regulations and Directive. When a reply is received the matter will be examined further.
I am also informed by Citizenship Division of INIS that there is no record of an application for a certificate of naturalisation having been submitted by the person referred to in the Deputy's question.
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). An on-line residency calculator is available on the website www.inis.gov.ie which may be of assistance in establishing if the residency requirements are met.
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.
