Gay Mitchell (Dublin South Central, Fine Gael)
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Question 540: To ask the Minister for Justice, Equality and Law Reform the position regarding a person (details supplied) in Dublin 12; and if he will set out current policy on the matter. [32903/05]

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. It has always been the case that the non-nationals concerned could not enter employment pending the outcome of the application for residency, unless they have a valid work permit. I do not envisage any change in this practice in the immediate future.

A person awaiting a decision on a residency application based on marriage to an Irish national is free to leave the State at any time. As a visa-required national, that person must be in possession of a valid Irish visa to allow the person concerned travel to the State. While it is not the normal practice of my Department to assist persons who do not have residency in the State with a re-entry visa prior to travelling, in certain exceptional circumstances assistance may be given to the spouse of an Irish national. Applications of this nature are considered on a case-by-case basis by the immigration division of my Department.