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Question

275. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the options for long-term residency for a person (details supplied) in Dublin 7; and if she will make a statement on the matter. [6331/16]

Answer

Minister for Justice and Equality (Deputy Frances Fitzgerald): I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that this person arrived in the State in 2007 as a Student, and that their original permission to remain in the State was under Stamp 2 conditions which is a low level immigration permission. This permission expired in 2014.
I am further advised by INIS that an application for Change of Status was refused on 7 November 2014 and that eventually additional documentation was submitted to INIS on 24 February 2016: this documentation is currently being considered.
I wish to draw the Deputy's attention to the document 'Guidelines for non EEA national students registered in Ireland before 1 January, 2011' which is available on the INIS website at www .inis.gov.ie. This notice clarifies the position in relation to a non-EEA student registered in Ireland. As well as the above document, a series of guideline notes outlining how the new immigration regime operates are also available on the INIS website, including information on maximum time limits for students who wish to study at Language Non Degree Level and Degree Level. As this person has now completed the maximum time permitted for student conditions in the State, they have come to the end of that immigration permission and as such will not be granted any further permission as a student. Any request for further permission can only be granted within the terms of the Student guidelines.
Should this person wish to enter employment in the State, a prospective employer must first obtain a Work Permit in respect of them. The issuing of Work Permits is a matter for the Employment Permits Division of the Department of Jobs, Enterprise and Innovation, Davitt House, Adelaide Road, Dublin 2. Further information is available at: www.deji.ie. In the event that a Work Permit is issued, this person should then return to their local Immigration Office with the original Work Permit to have the appropriate permission endorsed on their documents.
Please be informed that it is illegal under the Immigration Act 2004 to reside in the State without the permission from the Minister for Justice and Equality. A person found guilty of such an offence is liable under section 13 of the Act of 2004 to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both.
Any exceptional or family circumstances may be taken into account if the Minister issues this person with an intention to deport under Section 3 of the 1999 Immigration Act.
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.