Written Answers Nos. 59-69
59. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if and when she will restore stamp 4 status to a person (details supplied); and if she will make a statement on the matter. [16609/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy arrived in the State on 17/11/2010 and that their most recent permission to remain in the State, on the basis of student conditions, expired on 12/10/2015.
The person concerned married an Irish National on 17/12/2015 and subsequently made an application to INIS at the beginning of January 2016 for permission to remain in the State, as the spouse of an Irish National.
I understand that the person concerned did not respond to correspondence from INIS which issued mid January 2016 requesting documentation to support their application. It could not therefore be ascertained that this person was residing in the State with her Irish National spouse as part of a family unit. The application was subsequently deemed withdrawn, and the person concerned was notified by way of letter from INIS at beginning of June 2016. The person concerned, if still living in the State, should now contact INIS as a matter of urgency regarding their permission to remain.
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.
60. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the eligibility of a person (details supplied) to remain under the naturalisation scheme; and if she will make a statement on the matter. [16612/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has made an application for a certificate of naturalisation. The processing of the application is ongoing with a view to establishing whether the conditions for naturalisation, such as good character and lawful residence are satisfied. The records show that the person's permission to reside expired on 9 May 2016. All non-EEA nationals are required to keep their permission to remain in the State up to date at all times and failure to do so may adversely affect an application for a certificate of naturalisation.
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.
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.
61. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the status of the eligibility of a person (details supplied) under the naturalisation scheme; and if she will make a statement on the matter. [16613/16]
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 ongoing, with a view to establishing whether the conditions for naturalisation, such as good character and lawful residence are satisfied and will be submitted to me for decision as expeditiously as possible.
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.
62. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the procedure a person (details supplied) must follow under the residency scheme; and if she will make a statement on the matter. [16614/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned by the Deputy does not have an application pending with INIS for permission based on being the spouse of an Irish Citizen.
If the person concerned is a non visa required national who has entered the State legally within the last 90 days or if they are a visa required national and within the period of permission to remain granted to them on arrival in the State (except short stay ‘c’ visas):, or if they have current permission to remain in the State on an alternative basis, both the person concerned and their Irish national spouse should attend at their local Garda National Immigration Bureau Registration office. Full information in this regard is available at "www.inis.gov.ie".
If the person concerned does not have current permission to remain in the State, it is open to the person in question to submit an application for permission to remain as the spouse of an Irish National. Full information in this regard and the applicable application form is available at "www.inis.gov.ie".
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.
63. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the eligibility of a person (details supplied) to remain; the person's status under the naturalisation scheme; and if she will make a statement on the matter. [16618/16]
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 8th November, 2011 and, as such, they have no entitlement to residency in the State. This Deportation Order remains valid and in place.
Representations were received from the person concerned, pursuant to the provisions of Section 3 (11) of the Immigration Act 1999 (as amended), requesting that the Deportation Order be revoked. This request will be considered as soon as it is possible to do so. The Deputy might wish to note that the decision to ensue from the consideration of this request will be to 'affirm' or to 'revoke' the existing Deportation Order. In the meantime, as a person who is the subject of a Deportation Order, the person concerned is legally obliged to comply with any reporting requirements placed on them by the Garda National Immigration Bureau.
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.
64. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality to consider revoking a deportation order on a person (details supplied); if she will suspend the process to facilitate a thorough investigation; and if she will make a statement on the matter. [16619/16]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order signed on 07 February 2005.
This Order placed a legal obligation on the person concerned to remove himself or herself from the State or failing that, to 'present' at the Offices of the Garda National Immigration Bureau (GNIB), on 10 March 2005. The person concerned failed to leave or to present and is classified as an evader. Should they come to the notice of the Gardaí, they would be liable to arrest and detention. They should, therefore, present to the GNIB without any further delay.
Representations were received from the person's legal representative, to request the Minister to use her discretion, pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. In the mean-time, the Deportation Order remains valid and in place.
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.
65. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if and when she will favourably consider the case of a person (details supplied) under the family reunification scheme; and if she will make a statement on the matter. [16620/16]
View answerI am advised by the Immigration and Naturalisation Service (INIS) of my Department that an application for a 'join spouse' visa by the person referred to by the Deputy was submitted to the Embassy of Ireland in Pretoria on 28 January, 2016. The application was then forwarded to the Visa Office in INIS for processing. Under the terms of the Policy Document on non-EEA Family Reunification published by my predecessor in January, 2014, all efforts are made to process applications of this type within six months of receipt in Dublin. Therefore, should all documentation be in order, the applicant should expect a decision by late July.
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 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.
In addition, applicants may themselves e-mail queries directly to the INIS Visa Office (visamail@justice.ie).
66. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the procedure a person (details supplied) must follow under the residency scheme and the naturalisation scheme; and if she will make a statement on the matter. [16621/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person in question was issued with a letter on 7 April 2016 granting them further permission to remain in the State for a period of 18 months. This permission allows the person time to find employment in the State subject to obtaining a work permit. The person in question arrived in the State in 2006 and as such is deemed to be a timed out student. I wish to draw the Deputy's attention to the document 'Guidelines for non-EEA national 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 provides students with ample opportunity to achieve the sort of qualifications they need to qualify them for an employment permit if they wish to remain in Ireland afterwards.
If it is the intention of the person in question to take up full time employment in the State they must be the holder of an employment permit to do so. The issuing of employment permits is a matter for the Department of Jobs, Enterprise and Innovation. When this person is issued with an employment permit they may then have their immigration status changed by their local immigration officer.
Queries in relation to general immigration matters may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for his 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.
67. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the procedure a person (details supplied) must follow under the residency scheme; and if she will make a statement on the matter. [16625/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned applied for a right of residency, accompanied by a right to work, based on his parentage of an Irish citizen child. The application was received in the relevant section of INIS on 8 September, 2015. The Deputy will appreciate that applications are dealt with in chronological order. If further information or documentation is required, the person concerned will be contacted in writing by the relevant officials in my Department in due course.
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.
68. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the procedure a person (details supplied) must follow under the residency scheme; under the Naturalisation Scheme; and if she will make a statement on the matter. [16627/16]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is currently the holder of immigration permission until 22 November, 2016. It is open to the person concerned to contact their local registration office for a further renewal period, two weeks in advance of this date. 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.
69. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if and when she will conclude the process for a person (details supplied) under the naturalisation scheme; and if she will make a statement on the matter. [16630/16]
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 ongoing and will be submitted to me for decision as expeditiously as possible.
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.
