Written answers

Tuesday, 18 October 2005

Department of Justice, Equality and Law Reform

Residency Permits

9:00 pm

Liam Aylward (Carlow-Kilkenny, Fianna Fail)
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Question 650: To ask the Minister for Justice, Equality and Law Reform the reason for the delay in processing an application for residency by a person (details supplied) in County Kildare; and when this application will be finalised. [28747/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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An application for permission to remain in the State based on marriage to an Irish national was received from the person concerned in July 2004. It should be noted that marriage to an Irish national does not confer an automatic right of residence in the State. Applications of this type are dealt with in chronological order and currently take 16 to 18 months to process.

Photo of Seán HaugheySeán Haughey (Dublin North Central, Fianna Fail)
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Question 651: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency involving family reunification for a person (details supplied) in Dublin 9; if their holiday visa will be extended in the meantime; and if he will make a statement on the matter. [28769/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The person in question, as a non EEA national, is subject to the immigration laws of the State despite being the spouse of an Irish citizen. I understand she applied for a visa for the stated purpose of a visit to the State and that a visit visa was approved. A visit visa permits the holder to travel to the State and, subject to the discretion of an immigration officer, to remain in the State for a maximum period of 90 days on such a visit. She arrived in the State on 5 August 2005 and I understand that she was initially granted a period of one month to remain to facilitate her stated purpose of journey to the State, that is, a visit. On 13 September 2005 this was extended to 5 November 2005 to cover the maximum period available for a visit.

Although the person in question stated that the purpose of her journey to the State was a visit she subsequently made an application on 21 September 2005 for permission to remain in the State based on marriage to an Irish national. However it should be noted that marriage to an Irish national does not confer an automatic right of residence in the State. Applications of this type are dealt with in chronological order and currently take approximately 16 to 18 months to process.

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