Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 131: To ask the Minister for Justice, Equality and Law Reform if the application of a non-national for residency based upon marriage to an Irish national takes 16 months to process compared with the application of a non-national for residency based upon marriage to a national of another EU country which takes only six months to process; and if he will make a statement on the matter. [29886/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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Applications based on marriage to an Irish national referred to by the Deputy are dealt with in chronological order, in fairness to all such applicants, and currently take approximately 16 to 18 months to process. Marriage to an Irish national does not grant any automatic right of residency in the State. 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. Marriage to a national from another EU state comes under EU legislation and must be finalised within a six month timeframe.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 132: To ask the Minister for Justice, Equality and Law Reform if it is his policy that a non-national who marries an Irish national and applies to remain here on that basis will be given permission to remain here during the 16 months it takes to process their application. [29887/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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Applications of the type referred to by the Deputy are dealt with in chronological order, in fairness to all such applicants, and currently take approximately 16 to 18 months to process. Marriage to an Irish national does not grant any automatic right of residency in the State. It has always been the case that the non-national concerned could not enter employment pending the outcome of the application for residency unless, of course, they had a valid work permit. I do not envisage any change in this practice in the immediate future.