David Stanton (Cork East, Fine Gael)
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Question 235: To ask the Minister for Justice, Equality and Law Reform the mechanism used to allow foreign spouses of Irish nationals who enter Ireland under visitor's visas, having been married in a foreign country, to remain here once a visitor's visa has expired; and if he will make a statement on the matter. [13711/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I presume the Deputy is referring to non-EEA spouses of Irish nationals. Marriage to an Irish national does not grant any automatic right to enter or reside in the State solely on that basis. Neither does it grant an automatic right to Irish citizenship following the coming into force of the Immigration and Citizenship Act 2001 which abolished the previous system of post-nuptial citizenship.

A citizen of a visa required country is obliged to have a valid Irish visa on each occasion they arrive at the frontiers of the State. There is no exemption to this requirement for non-national spouses of Irish citizens. A person on a visitor's visa has no entitlement to have such a visa extended. The non-national spouse may make a written application to the immigration division of my Department for permission to remain in the State on that basis. Applications of this type are dealt with in chronological order and currently take approximately 16 months to process.

"Convenience" marriages for the purpose of circumventing normal immigration controls are experienced by immigration jurisdictions worldwide and, in this regard, holiday and Internet romances feature frequently. In order to prevent abuses of the system, in so far as possible and without unduly interfering with the Irish citizen's private circumstances, the immigration division will seek to establish various matters when considering either visa applications or applications to remain on the grounds of marriage to an Irish national. These include the context in which the marriage took place, the evident relationship history that existed prior to the marriage, the validity of the marriage, whether the couple are residing in a family unit and the means of support of the non-EEA national spouse whilst in the State. This may involve requesting supporting documentation as evidence of the relationship or an interview by the immigration authorities of either or both parties.