John Gormley (Dublin South East, Green Party)
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Question 303: To ask the Minister for Justice, Equality and Law Reform if the naturalisation application for a person (details supplied) will be processed soon; the action this person should take if they wish to travel; if they will experience difficulties in the naturalisation process or returning to Ireland; if their status were changed to that of a student, this person would be able to work here without requiring a work permit from their employer; and if he will make a statement on the matter. [6521/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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An application for a certificate of naturalisation from the person referred to by the Deputy was received in the citizenship section of my Department on 25 July 2003.

The average processing time for such applications is currently 24 months. On the basis of the current average processing time, therefore, it is likely that the application of the individual concerned will be finalised in or around July 2005, as long as all the necessary supporting documentation has been provided.

The fact that a person has made an application for naturalisation does not preclude such a person from travelling outside the State. However, one of the conditions for naturalisation is that an applicant must have a period of continuous residency for one year immediately prior to the date of application and have been resident in the State for four out of the eight previous years.

Non-EEA nationals who are admitted to the State as students are entitled to work without an employment permit for limited periods.

Finally an applicant for naturalisation is not an Irish citizen — consequently such person will require permission from an immigration officer to re-enter the State.

Michael D Higgins (Galway West, Labour)
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Question 304: To ask the Minister for Justice, Equality and Law Reform the position regarding the application for residency by a person (details supplied) in County Galway based on marriage to an Irish citizen. [6546/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person in question arrived in the State in September 2000 and applied for asylum. This application was refused in January 2002. He then made an application for permission to remain based on parentage of a child born in the State in November 2001. Following the decision of the Supreme Court in the cases ofL & O, the separate procedure which then existed to enable persons to apply to reside in the State on the sole basis of parentage of an Irish born child ended on 19 February 2003. The Government decided that the separate procedure would not apply to cases which were outstanding on that date, including that made by the person in question.

The person in question subsequently made an alternative application for permission to remain in the State based on marriage to an Irish national, the mother of his child, in July 2003. The case is currently under consideration. A decision will be made when all the circumstances peculiar to this case have been fully considered.

It is also open to the person in question to make an application under the recently announced scheme set up to regularise the status of non national parents of children born in Ireland before 1 January 2005. Applications under this scheme must be made before 31 March 2005.