In the absence of any details of the individual concerned it is not possible to supply the Deputy with a detailed response. Any Non-EEA national present in the State is free to make a written application to the Irish Naturalisation & Immigration Service (INIS) regarding her or his immigration status.
A non EEA national who is unlawfully present in the State is in breach of Section 5 (1) of the Immigration Act 2004 which provides that no non-Irish national may be in the State other than in accordance with the terms of any permission given to them by or on behalf of the Minister. Furthermore, Section 5(2) of the Act provides that a non-Irish national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State.
A non EEA national present in the State is obliged to meet the requirements of Section 9 of the Act of 2004 which sets out the obligations of non nationals in respect of registration and in particular to the requirements of Section 9(2)(b) of the Act of 2004.
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.
Information on the various schemes and immigration types provided for by INIS can be found on its website www.inis.gov.ie. The routes available to each applicant vary depending on his or her particular circumstances.
Each application is assessed on its merits and applicants should ensure they submit the correct supporting documentation appropriate to the relevant scheme or immigration permission being sought.
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 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.
