Willie Penrose (Westmeath, Labour)
Link to this: Individually | In context

Question 181: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the position regarding a Canadian citizen who marries an Irish citizen and is living here; the impact of same upon the status of the Canadian citizen following such a marriage and if the Canadian citizen can work here; and if he will make a statement on the matter. [37809/06]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

Marriage to an Irish national by a non EU national does not grant any automatic right to reside in the State. However, if a non EU national spouse of an Irish national was already legally resident in the State prior to the marriage then he or she can make a request to the local Registration Officer for a change of their immigration status to reflect their marriage to that Irish national.

If, however, the non EU national has no legal status in the State at the time of the marriage, he or she may make an application to the Irish Naturalisation and Immigration Service of my Department seeking permission to reside in the State on that basis. It is a fundamental requirement that a non EU national seeking residency in the State on the sole basis of marriage to an Irish national resides in the same household and in a family unit with that Irish national. Consideration of such applications will involve the provision of documentary evidence to support the application and may also involve an interview by the Immigration Authorities of either or both parties.

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. If a non EU national is granted permission to reside in the State on the sole basis of marriage to an Irish national he or she is permitted to work in the State without the requirement of a work permit and to operate a business in the State without seeking further permission.

Richard Bruton (Dublin North Central, Fine Gael)
Link to this: Individually | In context

Question 182: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the reason for the delay in advancing the application for citizenship for a person (details supplied) in Dublin 5 who has had a work permit since November 2000; and the evidence required from the applicant to confirm the fulfilment of the five year requirement. [37368/06]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

An application for a certificate of naturalisation from the person referred to in the Deputy's question was received in the Citizenship section of my Department on 22 September 2005.

The Minister for Justice, Equality and Law Reform may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. One of these conditions is that the applicant has had a period of one year's continuous residency in the State immediately before the date of the application and, during the eight years immediately preceding that period, has had a total residence in the State amounting to four years.

In the context of determining if an applicant meets the residence requirement for naturalisation, certain periods of residence in the State must be excluded. These include periods of residence in respect of which an applicant does not have permission to remain in the State, periods granted for the purposes of study and periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act, 1996.

An examination of the file of the person concerned revealed that she did not have 5 years reckonable residency in the State at the time of application, nor did she have one years' continuous reckonable residency immediately prior to lodging her application She was informed of this determination on 10 October 2005

It is open to the applicant to lodge a new application if and when she is in a position to meet the statutory requirements applicable at the time.

Further information and the necessary application forms may be obtained from my Department's website (www.justice.ie) or by telephoning the Citizenship Section helpline on Tuesdays or Thursdays between 10:00 am to 12:30 pm at Lo-call 1890 551 500 or (01) 6167700.