Dáil Éireann Debate, Thursday - 2 July 2015
132. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed to regularise the residency status of a person (details supplied) in County Clare who has been employed without residency status in this jurisdiction for several years; the means by which provision may be made to regularise this person's position; and if she will make a statement on the matter. [26855/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person in question is not registered on the Registration of non nationals operated by the Garda National Immigration Bureau and it would therefore seem that this person is present in the State without immigration permission. This 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.
It would seem that this person failed 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.
The person in question should now present himself to his local Garda Station.
Queries in relation to the status of or advice on 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 INIS is, in the Deputy's view, inadequate or too long awaited.
