Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 246: To ask the Minister for Justice, Equality and Law Reform the way in which it is possible for a non-EU national to be residing in the same household as their Irish national spouse if his Department will not grant permission to the non-EU national spouse to live here with their spouse while their residency application is pending further to Parliamentary Question Nos. 530 of 30 June 2005 and 132 of 20 October 2005. [31058/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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Marriage to an Irish national does not grant any automatic right to reside in the State. However, if a non-EU national spouse of an Irish national was already legally resident in the State prior to the marriage then he or she can make a request to the local registration officer for a change of their status to reflect their marriage to that Irish national.

In the event that a non-EU national has no legal status in the State at the time of the marriage, other than as an asylum seeker or a visitor, and seeks permission to remain, such permission cannot be granted without first considering various aspects of the marriage. 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 fundamental requirement that a non-EU national seeking residency in the State on the sole basis of marriage to an Irish national resides in the same household and in a family unit with that Irish national. Consideration of such applications will involve the provision of documentary evidence to support the application and may also involve an interview by the immigration authorities of either or both parties. I do not propose to introduce any interim status for persons who are in the State pending the outcome of the deliberations into such applications.

As the Deputy will appreciate, my Department's primary concern in this matter is to maintain the integrity of the immigration system. There has been increasing experience of marriages being entered into for the sole purpose of circumventing the immigration controls. 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 their private affairs in refusing to allow their spouse to enter or to remain in the State. On occasion, the Irish national may be a willing party for their own personal benefit. Marriages of convenience 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 system, in so far as is possible and without unduly interfering with the Irish national's private circumstances, the immigration division will seek to establish and confirm various matters.