Catherine Murphy (Kildare North, Independent)
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Question 537: To ask the Minister for Justice, Equality and Law Reform the options available to the spouse of an Irish citizen (details supplied) regarding obtaining permission to live and work here; and if he will make a statement on the matter. [6481/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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Section 7(1) of the Irish Nationality and Citizenship Act 1956, as amended, states that: "A person is an Irish citizen from birth if at the time of his or her birth either parent was an Irish citizen or would if alive have been an Irish citizen". However, the entitlement to Irish citizenship of a child born outside the island of Ireland is dependent on the way the parent of the child obtained Irish citizenship.

In the case of a parent born in Ireland, the child is automatically entitled to Irish citizenship from birth. Where the parent was born outside of Ireland but his or her parent, that is, the child's grandparent, was born in Ireland, the child is entitled to Irish citizenship but must first be registered in the foreign births register maintained by the Department of Foreign Affairs. If a parent is naturalised or has made a declaration of post-nuptial citizenship prior to the child's birth, that child is entitled to Irish citizenship but must first be registered in the foreign births register. Parents who obtained Irish citizenship after the birth of the child in question must apply for naturalisation on behalf of the child or, if of full age, the child must apply himself or herself.

Marriage of a non-EEA national to an Irish national does not grant any automatic right to enter or reside in the State solely on that basis. Non-EEA national spouses of Irish citizens who marry abroad and are visa-required nationals must apply for a visa to enter the State. Non-EEA spouses who are not visa-required nationals must be in a position to satisfy the immigration officer at point of entry to the State as to their reasons for coming to Ireland. The latter would apply in the case outlined by the Deputy as a national of New Zealand is not visa-required. Following the granting of residency, the non-EEA national concerned will be able to reside in the State and work without the requirement of a work permit.

Catherine Murphy (Kildare North, Independent)
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Question 538: To ask the Minister for Justice, Equality and Law Reform the options available to the spouse of an Irish citizen, both of whom reside outside the State, should they wish to relocate here and should both wish to take up employment within the State; and if he will make a statement on the matter. [6482/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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An Irish national has the right to enter the State and take up employment at any time. Marriage of a non-EEA national to an Irish national does not grant any automatic right to enter or reside in the State solely on that basis. Non-EEA national spouses of Irish citizens who marry abroad and are visa-required nationals must apply for a visa to enter the State. Non-EEA spouses who are not visa-required nationals must be in a position to satisfy the immigration officer at point of entry to the State as to their reasons for coming to Ireland.

Following the granting of residency, the non-EEA national concerned will be able to reside in the State and work without the requirement of a work permit.