Michael Noonan (Limerick East, Fine Gael)
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Question 219: To ask the Minister for Justice, Equality and Law Reform if the C visa granted to a person (details supplied) in County Donegal allows them to remain here for more than 90 days in order that they can pursue an application for residency based on marriage to an Irish citizen; and if he will make a statement on the matter. [20097/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I refer the Deputy to my answer to his Question No. 412 of 16 May 2006 in connection with the person in question. An Irish visa merely allows a person to travel to the State, it does not grant permission to enter the State or to remain in the State. A 'C' visa merely indicates that the holder may remain for up to a maximum of 90 days in the State. A 'C' visa was granted to the person in question to enable her to travel to the State to pursue an application for permission to remain in the State based on marriage to an Irish citizen. 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. Marriage to an Irish national does not grant any automatic right to residency in the State solely on that basis. Neither does it grant an automatic right to Irish citizenship following the coming into force of the Immigration and Citizenship Act 2001 which abolished the previous system of Post Nuptial Citizenship.

The Irish Nationality and Immigration Service of my Department has growing experience of marriages being entered into for the sole purpose of enabling the non-national in question gain entry to the State. Frequently in these circumstances the Irish national may be totally unaware that this is the primary intention of the non-national and will feel aggrieved by the perception that the immigration authorities are interfering with their private life in refusing to allow their spouse to enter or remain in the State. On occasion the Irish national may be a willing party for their own personal benefit. "Convenience" marriages 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 citizen's private circumstances, the Immigration Division will seek to establish various matters. 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. This may involve requesting supporting documentation as evidence of the relationship or an interview by the immigration authorities of either or both parties. No further period of legal residency will be granted to the person concerned until the application for leave to remain based on marriage to an Irish national is fully considered.

Dan Neville (Limerick West, Fine Gael)
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Question 220: To ask the Minister for Justice, Equality and Law Reform the reason some groups bringing children here for holidays from Belarus receive visa exemptions while others do not. [20101/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The requirement to hold a valid visa prior to entering the State was waived in recent years for certain persons travelling from Belarus with Chernobyl childrens' organisations. This practice was discontinued on 1st January, 2006. Changes in visa policy and the introduction of legislation including the Children Act, 2001 and the Immigration Act, 2003, necessitated a return to previous practice in relation to issue of visas. However, an interim arrangement currently exists for one long established group to continue to operate under the visa waiver scheme. It is envisaged that the arrangement with this group will cease to operate on 31st December, 2006.