Written answers
Tuesday, 12 April 2005
Department of Justice, Equality and Law Reform
Residency Permits
9:00 pm
Brendan Howlin (Wexford, Labour)
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Question 728: To ask the Minister for Justice, Equality and Law Reform the position regarding the case of a person (details supplied) who has been informed that her application for residency on the basis of marriage to an Irish national will take approximately 14 to 16 months minimum to process; this person's legal status here; if she has the right to live and work here; when her holiday visa expires and pending determination of her official residency application; the way in which she can acquire documentation to enable her to seek employment pending determination of her residency status; and if he will make a statement on the matter. [10637/05]
Michael McDowell (Dublin South East, Progressive Democrats)
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The person in question applied for a visa for the stated purpose of a visit. She arrived in the State on 10 October 2004 on a visit visa. She married an Irish national on 7 January 2005 and applied for permission to remain in the State on that basis on 31 January 2005. Applications of this type are dealt with in strict chronological order, in fairness to all applicants, and currently take approximately 16 months to process.
Marriage to an Irish national does not confer any automatic right on a non-EEA national to reside in the State. Her immigration status is that of a pending applicant for residency in the State. Until such time as the application for permission to remain is finalised the person in question does not have legal residence in the State, nor can she work without obtaining a work permit.
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