Thursday, 12 December 2019

Questions (137)

Bernard Durkan

Question:

137. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if an existing stamp 4 is sufficient to meet immigration requirements while studying in the UK in the case of a person (details supplied); if the person's stay in the UK for education purposes is likely to affect eligibility for naturalisation; if travel documents will be returned to the person in the interim; and if he will make a statement on the matter. [52539/19]

View answer

Written answers (Question to Justice)

The person to whom the question refers was granted Subsidiary Protection on the 16 July, 2014 and has permission to remain in the State on Stamp 4 conditions until 16 June, 2020.

My Department cannot comment on UK immigration rules, therefore the person in question should visit the UK Home Office website at https://www.gov.uk/browse/visas-immigration/student-visas.

It may also be advisable to contact the Universities and Colleges Admissions Service (UCAS) at https://www.ucas.com/.

I can inform the Deputy that the person referred to does not have an application for naturalisation with my Department at this time.

It is open to any individual to lodge an application for a certificate of naturalisation 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. However, where an applicant is found to be non-resident for substantial periods of time then those periods will not be reckonable for the purposes of satisfying the residency conditions for naturalisation. This is of particular importance with regard to the requirement to have 1 year continuous residence in the State immediately prior to the date of application, and may also mean the requirement of total residence is not met.

A reasonable and generous period of 6 weeks is allowed to provide for absences for normal holidays and other short absences such as for a family bereavement. Absences totalling 6 weeks or more in any year will be deducted in total when calculating residency.

Full details of the eligibility criteria and extensive guidelines are available on the Immigration Service Delivery website at https://www.irishimmigration.ie/citizenship/.

I confirm that my Department is not in possession of a travel document from the person referred to by the Deputy.

Queries in relation to the status of individual immigration cases may be made directly to 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 is, in the Deputy’s view, inadequate or too long awaited.