Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 162: To ask the Minister for Justice, Equality and Law Reform, further to parliamentary Question No. 765 of 26 January 2005, the way in which the person can remain here until the application in processed; if he will facilitate a change in the status of this person's visa; and if he will make a statement on the matter. [6479/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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When a person arrives in the State on foot of a visit visa and is granted a period of permission to remain it is expected that the person would leave the State when the permission expires. In this case the person in question did not leave the State but instead made an application for residency as indicated in the answer to Question No. 765 of 26 January 2005.

The residency application will be dealt with as outlined in the answer to the Deputy's previous question. It is not the general policy of my Department to deport persons from the State when there is an application for residency pending.

Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 163: To ask the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 765 of 26 January 2005, the reason the processing time has increased by six months from December 2004 to January 2005, in view of departmental correspondence (details supplied); and if he will make a statement on the matter. [6480/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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In my response to Question No. 765 on 26 January last, I informed the Deputy that an application for leave to remain by the person in question had been received in my Department in December 2004 and would take 16 months to finalise.

In November 2004, a declaration of acceptance of Irish citizenship as post-nuptial citizenship was lodged with the citizenship section of my Department. The letter dated 1 December to which the Deputy now refers, acknowledged receipt of this declaration and informed the applicant that the processing time for such declarations was ten months.

Leave to remain and post-nuptial citizenship are two entirely different processes and are administered by two different sections in the immigration and citizenship division of my Department.