Jack Wall (Kildare South, Labour)
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Question 303: To ask the Minister for Justice, Equality and Law Reform the procedure that a person must adhere to in meeting with legislative requirements (details supplied); and if he will make a statement on the matter. [25017/10]

Dermot Ahern (Louth, Fianna Fail)
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Marriage to an Irish national does not confer an automatic right of residence in the State. A non EEA national who wishes to reside in the State on the basis of their marriage to an Irish national must make an application for permission to remain in the State. There is presently no legislative basis for this process pending the implementation of the revised Immigration Bill.

There are currently two routes in which a non EEA national can apply for temporary permission to reside in the State on the basis of marriage to an Irish national.

1. If they are 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 they are 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 applicant and their Irish national spouse should attend at their local Garda National Immigration Bureau Registration Office with the following documentation: original marriage certificate; original passport; Irish spouse's original passport and birth certificate; and evidence of their joint address.

2. If they do not have current permission to remain in the State a written application must be made to the following address: Spouse of Irish National Unit, Immigration Services Section, Irish Naturalisation and Immigration Service, 1st Floor, 13-14 Burgh Quay, Dublin 2.

The following original documentation should be included with their application; details of their immigration history in this State; their current legal status; original marriage certificate detailed information regarding their relationship history and the context in which their marriage took place; evidence of their current address of their joint habitual residence; original passport and birth certificate; Irish spouse's original passport and birth certificate; divorce papers from applicant (if applicable); other supporting documentation - photographs; and accommodation details: Rent Book, Joint Tenancy Agreement/Proof of Home Ownership, Utility Bills, Financial Statements, letter from Community Welfare Officer/Social Worker or Tax Credit form from the Revenue Commissioners.

Information detailing the requirements for such applications can be found on the INIS website - www.inis.gov.ie - by selecting Immigration and then Spouse of an Irish National.