Written Answers Nos. 190 - 199
190. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the entitlement to long-term residency and eligibility for naturalisation of a person (details supplied) in Dublin 12; and if she will make a statement on the matter. [1784/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned had their permission to remain in the State renewed for a further three year period to 4th December, 2017. This decision was conveyed in writing to the person concerned by registered post dated 25th November, 2014.
The position in relation to the immigration status of Long Term Residency is that, at the date of application, a person applying for such status must have been legally resident in the State for over five years (60 months) on the basis of work permit, work authorisation or working visa conditions and, as such, must have Stamp 1 or Stamp 4 endorsements on their Passport during such periods.
It will be open to the person concerned to apply to the Citizenship Section of my Department for a Certificate of Naturalisation when they are 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 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.
191. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if all documentation requested has been supplied in respect of an application for long-term residency and eligibility for naturalisation by a person (details supplied) in Dublin 3; and if she will make a statement on the matter. [1785/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted permission to remain in the State, on a stamp 4 basis, until 11 January, 2017 on the basis of parentage of an Irish citizen child. This decision was conveyed in writing to the person concerned by letter dated 12 January, 2016.
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.
192. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of an application for naturalisation by a person (details supplied) in County Carlow; and if she will make a statement on the matter. [1786/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of an application for a certificate of naturalisation from 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. Detailed information on Irish citizenship and naturalisation is available on the INIS website at www.inis.gov.ie. The website also contains an on-line naturalisation residency calculator which individuals may find 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.
193. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of residency and if all details requested have been submitted in regard to a person (details supplied) in County Carlow; and if she will make a statement on the matter. [1787/16]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned made an application for a right of residency in the State, based on his parentage of an Irish citizen child on 12 October, 2015. I am advised that such applications are considered on a case by case basis having regard to the particular circumstances, including, inter alia, information and supporting documentation attesting to the relationship and setting out the role the applicant plays in the Irish citizen child's life. In this regard, I am advised that INIS wrote to the applicant on 12 January, 2016 and awaits clarification on the issues raised.
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.
194. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which applications for naturalisation will be facilitated for a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [1788/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of a current application for a certificate of naturalisation from the person referred to in the Deputy's question.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and I know the Deputy will appreciate that it is important that appropriate procedures are in place to preserve the integrity of the process.
Persons making an application for a certificate of naturalisation are required to provide satisfactory evidence of their identity and nationality. This is usually in the form of a currently valid passport and may include other original supporting documents, such as a birth certificate and marriage certificate. In rare circumstances where an applicant cannot produce their passport, birth certificate or other supporting documents the applicant will be required to provide a full explanation. Such explanation should be supported by satisfactory evidence that they have attempted to obtain such documentation and correspondence from the relevant authorities responsible for the issuing of passports and birth certificates in their country, clearly stating the reasons the documentation cannot be provided. INIS will consider the reasons given and, if satisfied it is for reasons genuinely beyond the applicant's control, may suggest alternative means to the person to assist in establishing their identity and nationality.
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.
195. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of eligibility for residency and stamp 4 of a person (details supplied) in County Dublin; and if she will make a statement on the matter. [1789/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the position, as set out in reply to a previous PQ dated 14th July 2015, remains unchanged.
"I have been informed by the Irish Naturalisation and Immigration Service of my Department (INIS) that an application was received, for permission to remain in the State from the person mentioned, on 4 December 2014. An examination of this case indicated that this person arrived in Ireland on 30 September 2007 and was registered as a student until 12 October 2012. On 16 February 2015, the applicant was informed that his case had been considered and INIS did not authorise an extension of their immigration permission.All non-EEA students resident in the State are subject to the student immigration rules set out under the "new immigration regime for full time non-EEA students" which was published in September 2010 and has been in effect since 1 January 2011. These rules stipulate that non-EEA students may reside in Ireland as students, subject to the provisions of the new regime, for a maximum period of seven years. As this person arrived in the State in 2007, they are now classified as a timed out student.On 9 April 2015, further documentation was received on behalf of the applicant and this will be assessed on its merits and a decision will issue in due course."
This documentation is currently receiving attention.
196. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of eligibility for naturalisation of a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [1790/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application for a certificate of naturalisation from the person referred to by the Deputy is at an advanced stage of processing and the case will be submitted to me for decision shortly.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour 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.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
The Deputy may wish to note that 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 established specifically 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.
197. Deputy Bernard J. Durkan asked the Minister for Justice and Equality why a person (details supplied) in County Longford was recently returned to that person's homeland; and if she will make a statement on the matter. [1791/16]
View answerThe Deputy will be aware of the legal requirement on an Immigration Officer at a Port of Entry to apply the provisions of Section 4 of the Immigration Act, 2004 where the refusal of permission to enter or be in the State is contemplated, to satisfy themselves that one or more of the grounds set out in the section apply to a given circumstance. On a procedural level Immigration Officers must have their decision approved by a Supervisor or more senior officer. In reaching the satisfaction threshold an Officer has regard to the elements set out in Section 4(10) in the specific context of the facts or information presented or known in a particular case.
A non-national has no automatic entitlement to enter the State and must present themselves to an Immigration Officer to seek such a permission. There are various categories or reasons on which a non-national may seek entry including seeking to take up employment in a situation where the person is in possession of a valid employment permit. Immigration Officers will, when presented with an employment permit, seek to verify the validity of such a permit. In some cases such permits whilst validly issued in the first instance can subsequently cease to be extant. In the current case, by virtue of the non-national's extended absence from the State for over two years the employment permit previously issued ceased to be valid and having established that the person intended to enter employment in the State they were refused permission to enter.
The Deputy will be aware that should a non-national wish to come to Ireland to engage in employment where an employment permit is necessary, an application for such a permit should be made to the Minister for Jobs, Enterprise and Innovation and the permit obtained before the person seeks to enter the State. Subsequently, and subject to any requirement to be in possession of an Irish visa, such a person would present to an Immigration Officer seeking permission to enter the State to engage in the employment.
198. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected residency status of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [1795/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order and therefore has no entitlement to residency in the State.
Representations were received asking that her Deportation Order be revoked, in accordance with the provisions of Section 3 (11) of the Immigration Act, 1999 (as amended). Following consideration of the information submitted, the Deportation Order was affirmed.
The person concerned has been evading deportation since 21st February, 2012 and, as such, is liable to arrest and detention for the purposes of having the Deportation Order enforced. The person concerned should, therefore, 'present' to the Garda National Immigration Bureau without further delay.
Queries in relation to the Status of individual immigration cases may be made directly to the INIS by Email 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 to long awaited.
199. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of eligibility for naturalisation by a person (details supplied) in County Kildare; and if she will make a statement on the matter. [1800/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is ongoing with a view to establishing whether the conditions for naturalisation, such as good character and lawful residence are satisfied.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour 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.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
The Deputy may wish to note that 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 established specifically 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.
