Michael Noonan (Limerick East, Fine Gael)
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Question 412: To ask the Minister for Justice, Equality and Law Reform the position in respect of a C visit visa issued to a person (details supplied) in County Donegal; and if he will make a statement on the matter. [18250/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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A C Visa is normally granted for visits of less than 90 days. However in the case of the person in question the C visa was granted in order to allow her to enter the State and pursue an application for residency based on marriage to an Irish national. The supporting information provided with her visa application was not considered sufficient to grant residency without further investigation. A letter issued to the person in question on 9 January 2006 advising her of the visa decision and inviting her to make an application for permission to remain in the State on her arrival.

In this regard, an application for permission to remain in the State based on marriage to an Irish national was received from the person concerned in March 2006. Applications of this type, in fairness to all other such applicants, are dealt with in strict chronological order and currently take approximately fourteen months to process. It should be noted that marriage to an Irish national does not confer an automatic right of residence in the State. The person concerned cannot register with the Garda National Immigration Bureau until her application for residency has been processed.

It has always been the case that non-EU nationals could not enter employment pending the outcome of an application for residency, unless of course they have a valid work permit. Applications for a work permit should be made on behalf of a non-EU national by an employer to the Department of Enterprise, Trade and Employment.

The Deputy should also note that a person who is awaiting a decision on a residency application based on marriage to an Irish national is free to leave the State at any time. A visa required national must be in possession of a valid Irish visa to allow the person concerned travel to the State. As the person in question is a visa required national, she would require a re-entry visa to return to the State. 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 except in certain emergency circumstances. Applications of this nature are considered on a case by case basis by the Immigration Division of my Department.