The person in question was granted permission to remain in the State in January, 1997 on the basis that he was residing here with his UK national wife and their Irish born – Irish citizen – child. When he sought to renew his permission in May 2001 it emerged that his wife and child were residing in Scotland and that he had not resided with them for two years. As the basis for his permission to remain no longer applied, he was refused a renewal of this permission in October 2001 and invited to write to the Department setting out whether there were other grounds upon which he wished to seek permission to remain. My Department has not yet received a response to that letter.
In order to enter the UK, the person in question should make an application to the UK authorities for an entry visa. In so far as his entitlement to return to the State is concerned, this is dependent on whether or not he has permission to remain here. Accordingly, he should respond to the above letter together with any information relevant to his application to continue to reside here.