John Cregan (Limerick West, Fianna Fail)
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Question 530: To ask the Minister for Justice, Equality and Law Reform the situation regarding Irish citizens who legally marry abroad and apply to bring their spouse here but encounter long delays with his Department; the length of time approval should take; the number of such applications made or approved in the past 12 months; if extra staff is required in the section; the number of cases refused in the past five years; the number which continue to be refused after appeal; the way in which such refusals are justified; and the way in which his Department seems justified in saving people from themselves. [23942/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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Marriage to an Irish national does not grant any automatic right to enter or reside in the State solely on that basis. Non-EU national spouses of Irish citizens who marry abroad and who are visa-required nationals must apply for a visa to enter the State.

Applications for permission to remain in the State on the sole basis of marriage to an Irish national are not divided into those who marry outside the State and those married in Ireland. In 2004 the total number granted permission to remain in the State on this basis was 255. To 31 May this year, 83 have been granted residency on this basis. Figures available show that from 1 January 2001 to 31 May 2005 a total of 144 have been refused permission to remain in the State based on marriage to an Irish national.

The immigration division of my Department has growing experience of marriages being entered into for the sole purpose of enabling the non-national in question gain entry to, or remain in, the State. Frequently in these circumstances the Irish national may be totally unaware that this is the intention of the non-national and will feel aggrieved by the perception that the immigration authorities are interfering with his or her private life in refusing to allow a spouse to enter or remain in the State. On occasion, the Irish national may be a willing party for his or her own personal benefit. So-called convenience marriages, for the purpose of circumventing normal immigration controls, are experienced by immigration jurisdictions worldwide and, in this regard, holiday and Internet romances would feature frequently.

In order to prevent abuses of the immigration system, in so far as is possible and without unduly interfering with the Irish citizen's private circumstances, the immigration division will seek to establish various facts. These include the context in which the marriage took place, the validity of the marriage and whether the couple are residing in a family unit. It is a requirement of my Department that the non-EU national spouse of an Irish national is residing in the same household, in a family unit with the Irish national in order to acquire residency solely on this basis. This may involve requesting supporting documentation as evidence of the relationship or an interview by the immigration authorities of either or both parties.

Applications of the type referred to by the Deputy are dealt with in chronological order, in the interests of fairness to all other applicants and currently take approximately sixteen months to process. The resources allocated to process such applications are dependent on the prioritised work requirements of the immigration division of my Department at any one time, which is operating against a background of significant increases in demands for its services over a wide range of areas, including the type of applications referred to here.

My Department's primary concern in this matter is to maintain the integrity of the immigration system.