PQ: Immigration Status

Thu, May 5, 2016

53. Deputy Thomas Pringle asked the Minister for Justice and Equality the number of applications made under the European Court of Justice, ECJ, judgment in the Zambrano case by persons who had no current right of residency; the number of persons who have had their status regularised under the ECJ judgment; and if she will make a statement on the matter.

Minister for Justice and Equality (Deputy Frances Fitzgerald): I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that in general terms, anyone who held an existing right of residency in the State, for example, on Stamp 1 terms (work permit), Stamp 2 (student permission) or Stamp 3 (spouse or dependant) and who wished to have their immigration status upgraded, in accordance with the judgment was directed by INIS to attend their local Immigration Registration Office with their Irish Citizen child and supporting documentation. In such cases where they were found to satisfy the conditions of the Zambrano criteria, their status was upgraded to Stamp 4. In circumstances where the local registration Office was not satisfied the person met the criteria the application would have been referred to INIS for a more in-depth consideration.

Because positive outcomes in either scenario outlined above would be recorded as the grant of a ‘Stamp 4’, it is not possible to separate out the data in the precise format requested by the Deputy as it would involve a disproportionate expenditure of time and resources relative to the information sought. However, approximately 1,000 applications per year for permission to remain in the State on the basis of parentage of an Irish Citizen Child have been received since the Zambrano judgment was delivered in 2011.

Further information on the application process, including the application form, guidelines for completing same, and frequently asked questions, can be found on the INIS website www.inis,gov.ie

Source.