Dáil Éireann Debate, Thursday - 17 November 2016
107. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current and expected residency status or eligibility for stamp 4 naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [35601/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned arrived in the State on 22nd September 2008 and was registered as a student on Stamp 2 conditions between 4th November 2008 and 5th January 2015. At the present time, the person in question does not have any permission to remain in the State.
On 8th May 2015, some five months after their permission had expired, the person concerned made an application for further permission to remain in the State. However, they were informed on 12th July 2016 that they had come to the end of their permission to remain in the State and that they should make arrangements to leave the State. They were also informed that they were not entitled to Stamp 4 permission to remain in the State.
Ireland has offered a generous immigration regime to foreign students, not only in allowing them to work to support themselves in their studies, but also in providing ample opportunity for them to obtain academic qualifications that will equip them for their future, whether that is in Ireland or on their return to their home country. It is up to each student to make the best use of that opportunity. If their academic achievement is high, then Ireland offers opportunities to students to stay on as graduates, researchers, or high skilled employees. In other words, student permission gives the person concerned a chance to qualify for an enhanced immigration status on the basis of their academic achievement. However, student permission is of a temporary and limited nature that is not reckonable for naturalisation purposes and that generally does not allow for family reunification. Merely spending time in Ireland as a student does not confer entitlement or expectation to remain.
I wish to draw the Deputy's attention to the document "Guidelines for non-EEA students registered in Ireland before 1 January 2011." This notice clarifies the position in relation to non-EEA students registered here. The overall seven year period, which the person in question has now exhausted, provides students with ample opportunity to achieve the sort of qualifications they need to qualify them for an employment permit should they wish to remain in Ireland afterwards.
If the person concerned leaves the State voluntarily, then it would be open to them to apply for a D reside visa from outside the State. At that point, any family circumstances would be taken into account along with any other reasons why the person in question believes that they should be granted permission to reside in Ireland.
If there are any relevant exceptional circumstances which would justify granting the person concerned permission to remain in the State, they will be taken into account if the person concerned is issued with an intention to deport letter under Section 3 of the Immigration Act 1999 (as amended).
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 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 Question process. The Deputy may consider using the e-mail service except in questions where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
