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Dáil Éireann Debate, Tuesday - 3 July 2018

Tuesday, 3 July 2018

Questions (254)

Aengus Ó Snodaigh

Question:

254. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the steps he is taking to address the current INIS waiting list of over 12 months before processing an application for leave to remain commences for the spouse of an Irish national; if his attention has been drawn to the distress this causes many applicants married to Irish partners who are looking to start a full life together; and if he will make a statement on the matter. [29263/18]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that while the Spouse of Irish National Unit endeavours to process applications as quickly as possible, processing times may vary due to a number of factors, such as the number of applications on hand, individual circumstances, the complexity of applications, whether further information is required, and the resources available.

This is against a background where applications across almost all of the main INIS processing areas continue to increase and present challenges for timely service delivery. However, I am advised by INIS that their practices and procedures have been, and continue to be, reviewed in order to reduce the time it takes to process an application.

It is important to note that the INIS Spouse of Irish National Unit process applications for persons who have no current permission to reside in the State. Accordingly, where an individual enters the State, having initially obtained the correct visa, or where they seek to register their Spouse of an Irish National related immigration permission while 'in permission', they may be registered 'over the counter' at their local Immigration Office in a much simpler procedure.

As the Deputy will appreciate, the onus is on the applicant to remain in permission. Any person who contravenes subsections (2), (3) or (4) of Section 9 of the Immigration Act 2004 is guilty of an offence and liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or both.

I should also mention that if an applicant wishes to work while their application is being processed they may consider applying for a work permit from the Department of Business, Enterprise and Innovation.

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.

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