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Residency Permits

Dáil Éireann Debate, Tuesday - 3 December 2013

Tuesday, 3 December 2013

Questions (300)

Bernard Durkan

Question:

300. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in determination of eligibility for residency arising from the Zambrano Judgement in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [51740/13]

View answer

Written answers

I refer the Deputy to my detailed Reply to his earlier Parliamentary Question, PQ No. 165 of Thursday, 17th October, 2013 - copied beneath. The position in the State of the person concerned is unchanged since then.

In April, 2007, the person concerned made an application for residency in the State on the basis of being the spouse of an EU National who was exercising her EU Treaty Rights in this State. This application was approved and the person concerned was notified to this effect by letter dated 18th August, 2008. The person concerned completed the registration formalities to the extent that his permission to remain was valid to 25th October, 2012.

Given that the person concerned was no longer residing with his EU National spouse, he was not in a position to apply for the renewal of his permission to remain on the basis of marriage to an EU national. He has, however, sought a right of residency in the State, accompanied by a right to work, based on the principles of the European Court of Justice Judgment in the Zambrano case. Once a decision has been made on this latter application, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.

There is no record of an application for a Certificate of Naturalisation having been received from the person concerned. However, it will be open to him to apply to the Citizenship Division of my Department for a Certificate of Naturalisation when he 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 the Irish Naturalisation and Immigration Service Website (www.inis.gov.ie).

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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.

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