Jim O'Keeffe (Cork South West, Fine Gael)
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Question 80: To ask the Minister for Justice, Equality and Law Reform his views on the situation whereby the spouse of an Irish national who applies for residency on the basis of marriage will not have the application processed for a minimum of 14 to 16 months and that there is no entitlement to work during the application process; and the steps he will take to put a more efficient system in place in order that young couples in a genuine marriage are given the opportunity to establish and develop their marriage and make provision for their financial needs. [23284/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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There has been an increase in the number of applications being made for permission to remain in the State on the basis of marriage to an Irish national since 2001. The statistics in this regard are as follows:

156 — 2001

191 — 2002

271 — 2003

326 — 2004

256 — 2005

176 — 2006 ( to 31 May)

Applications of this type, in fairness to all other such applicants, are dealt with in strict chronological basis and are currently taking fourteen months to process. The resources allocated to process such applications are dependent on the prioritised work requirements of the Irish Nationality and Immigration Service of my Department at any one time. The Deputy will appreciate that the significant increase in the number of non-nationals who are present in the State in recent times has, of course, reflected in the demand for the services of the Irish Nationality and Immigration Service.

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 enter and remain in 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 will involve requesting documentation in support of the application for residency and may also require an interview by the immigration authorities of either or both parties. I do not envisage any change in this procedure in the immediate future.

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.