Written Answers Nos. 99-111
99. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the procedure to be followed to obtain Irish citizenship resulting in Irish and US dual citizenship in the case of a person (details supplied); and if she will make a statement on the matter. [15904/17]
View answerI am informed by officials in the Irish Naturalisation and Immigration Service (INIS) that entitlement to Irish citizenship, as well as the conditions pertaining to a grant of citizenship through naturalisation, are governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. It is open to any individual to lodge an application for citizenship through naturalisation, if and when they are in a position to meet the statutory conditions as prescribed in the Act. The statutory conditions are that the applicant must -
- be of full age,
- be of good character,
- have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a further total residence in the State amounting to four years,
- intend in good faith to continue to reside in the State after naturalisation,
- have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows -
(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and
(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.
Under Irish law it is possible for an Irish citizen to hold dual citizenship; the acquisition of Irish citizenship is not contingent on the renunciation of the citizenship of another jurisdiction. Detailed information on Irish citizenship and naturalisation, as well as the relevant application forms, is available on the INIS website at www.inis.gov.ie. The website also contains guidance on the completion of an application for naturalisation and an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the residency requirements are met.
100. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current and expected residency status in the case of a person (details supplied) who has applied for naturalisation; and if she will make a statement on the matter. [15905/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of an application for a certificate of naturalisation from the person referred to by the Deputy, who currently has permission to reside in the State until 1 April 2017, is under consideration and has not yet reached a conclusion.
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.
101. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the position regarding the determination of eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [15907/17]
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 under consideration and has not yet reached a conclusion.
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.
102. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will set aside an order to deport in the case of persons (details supplied); and if she will make a statement on the matter. [15908/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), the persons concerned have not submitted written representations.
The position in the State of the persons concerned will now be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation. If any representations are submitted, they will be considered before a final decision is made.
The Deputy may wish to note that 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.
103. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will review the case for residency in the case of a person (details supplied); and if she will make a statement on the matter. [15911/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order made on 4 May 2010 and therefore has no entitlement to residency in the State.
The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter outside the State. The person concerned had already applied for revocation of the Deportation Order pursuant to the provisions of Section 3 (11) of the Immigration Act, 1999, as amended. This application, following a thorough examination, was unsuccessful.
The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.
The Deputy may wish to note that 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.
104. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will update and extend the residency status in the case of persons (details supplied) who have lived and worked here for many years; and if she will make a statement on the matter. [15912/17]
View answerIf the person whose details were supplied has made an application for asylum or subsidiary protection in the State, the Deputy will be aware that it is not the practice to comment on such applications until they have fully completed the protection process. This is in accordance with Section 26 of the International Protection Act, 2015.
As the Deputy may be aware, the Irish Naturalisation and Immigration Service (INIS) wrote to all applicants in December 2016 to advise them that, in so far as it is required under the transitional requirement in the International Protection Act 2015, they (INIS) would be in touch with them in January 2017 if the new procedures in the 2015 Act applied to their existing application or appeal. Applicants were also advised that they might be asked at that time to provide additional information to assist in the processing of their application.
The prioritisation of international protection applications is provided for in the International Protection Act 2015 subject to the need for fairness and efficiency. Details of the International Protection Office's approach to the prioritisation of applications, as agreed with the UNHCR, are on its website. A Customer Service Centre established by the International Protection Office may be contacted by individuals with any queries - info@ipo.gov.ie.
105. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the steps she will take, to include grant naturalisation, to protect a person (details supplied); and if she will make a statement on the matter. [15913/17]
View answerThe granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received and, to date, no application for naturalisation has been received from the individual concerned.
Section 15 of the Act provides that the Minister may, in her absolute discretion, grant an application for a certificate of naturalisation if satisfied that certain statutory conditions are fulfilled. The conditions are that the applicant must:
- be of full age,
- be of good character,
- have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a further total residence in the State amounting to four years,
- intend in good faith to continue to reside in the State after naturalisation,
- have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows
(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and
(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.
Section 15A provides that, notwithstanding the above, where the application is based on being the spouse or civil partner of an Irish citizen the requirements are, inter alia, that the couple are married or civil partners to each other for a period of at least 3 years and are living together and, immediately before the date of application, have a period of one year's continuous residence in the island of Ireland and, during the preceding four years, have a further period amounting to 2 years (i.e. 3 years in total). Section 15A(2) provides that the Minister may, in her absolute discretion waive some of the conditions in relation to an application from a spouse or civil partner of an Irish citizen if she is satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship. There is no right or entitlement to have any of the conditions waived, it is entirely at the Minister's discretion.
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 online 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.
106. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which persons (details supplied) will be facilitated in their efforts to update and regularise their residency here; and if she will make a statement on the matter. [15914/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that they do not have any applications pending for the persons mentioned by the Deputy.
I refer you to my response to Parliamentary Question No. 69 of 16 September 2016, wherein, it was suggested that the persons concerned should make an application, giving full details of their current circumstances in the State, to enable a decision to made in their case. To date, INIS has received no correspondence from these persons.
Might I remind the Deputy 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 Parliamentary Question 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.
107. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the possible procedure to be followed in the case of a person (details supplied) in respect of whom a deportation order is proposed; and if she will make a statement on the matter. [15915/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned has not submitted written representations.
The position in the State of the person concerned will now be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation. If any representations are submitted, they will be considered before a final decision is made.
The Deputy may wish to note that 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.
108. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in the determination of regularisation of residency or eligibility for naturalisation in the case of persons (details supplied); and if she will make a statement on the matter. [15916/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that applications for residency for the persons mentioned by the Deputy are currently receiving attention. It is expected that decisions on their status will be made in the coming weeks.
Might I remind the Deputy 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 Parliamentary Question 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.
109. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current and-or expected residency status and potential for eligibility for naturalisation in the case of persons (details supplied); and if she will make a statement on the matter. [15917/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the first named person.
These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.
The Deputy will be aware that, if the persons concerned have made an application for protection in the State, it is not the practice to comment on such applications until they have fully completed the protection process.
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.
110. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the position regarding the application for update of stamp 4 in the case of a person (details supplied) who has complied with statutory requirements as set out in previous parliamentary questions; and if she will make a statement on the matter. [15918/17]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person's permission to reside in this State expired on 21 February 2017. I understand that the person concerned made an application for a permanent residence card, under the provisions of the European Communities (Free Movement of Persons) Regulations 2015, on 21 March 2017. I am further informed that INIS wrote to the person concerned on 28 March 2017 outlining an application process which may be more appropriate to the person's personal circumstances.
Queries in relation to the status of 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 the INIS is, in the Deputy's view, inadequate or too long awaited.
111. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in the determination of eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [15919/17]
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 under consideration and has not yet reached a conclusion.
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.
