Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 274: To ask the Minister for Justice, Equality and Law Reform if, as a result of a change in policy, a non-EU spouse of an Irish or EU citizen now may not work without a work permit during the approximately 16 months it takes for their residency application to be processed; when this change in policy took effect and the reason for it; if such a family is eligible for social welfare in the event that the non-EU spouse is unable to obtain a work permit and the Irish or EU spouse's income alone is not enough to support the family; if availing of social welfare in such cases will negatively impact on the non-EU spouse's future application for naturalisation; and if he will consider granting non-EU spouses permission to work during the processing of their application, as is the case in many other countries including the USA and Britain. [14791/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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There has been no change in policy regarding access to employment of a non-EEA national awaiting a decision on a residency application based on marriage to an Irish citizen. Marriage to an Irish national does not grant any automatic right to enter or reside in the State solely on that basis. It has always been the case that the non-national concerned could not work without a valid work permit pending the outcome of an application for residency. This information is was recently included in the acknowledgements of receipt for such applications in view of enquiries on the matter. I do not envisage any change in this practice in the immediate future.

The Deputy refers in his question that the procedure takes approximately 16 months to process. This time scale relates to applications for residency based on marriage to an Irish national. Marriage to a national from another EU state come under EU legislation and must be finalised within a six month timeframe.

I have adopted a general policy that applicants for naturalisation, other than refugees, programme refugees or stateless persons, should have been supporting themselves and their families without recourse to State support for a three year period prior to applying for naturalisation, and that, furthermore, they can show, as far as is practicable, that they have the capacity of supporting themselves into the future. I apply this general policy to all applications for naturalisation unless the exceptional circumstances of a particular case suggest otherwise. Matters relating to eligibility for social welfare should be directed to the Minister for Social and Family Affairs.