Jim O'Keeffe (Cork South West, Fine Gael)
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Question 208: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the reason a US citizen (details supplied) holding a US passport, who is married to an Irish person and resident in Ireland for the past 26 years and was returning to Ireland after a visit to the US was stopped by immigration in Shannon and told they should not be remaining in Ireland indefinitely; and if he will make a statement on the matter. [40398/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person in question is a non-EU national and therefore requires the permission of the Minister to remain in the State as stated in Section 5 of the Immigration Act 2004. It should be noted that there is no automatic entitlement to residency in the State on the basis of marriage to an Irish national. However, I do consider applications which are made in writing to the Irish Naturalisation and Immigration Service of my Department for permission to remain in the State on this separate basis. There is no record that the person in question ever made an application for residency in the State on this basis or received an endorsement in her passport to show that she had been granted permission to remain in the State.

It is also a further requirement under section 9 of the above mentioned Act that all non-EU nationals must register their presence in the State with the Garda National Immigration Bureau and receive a Certificate of Registration as evidence of that registration. Prior to the enactment of the 2004 Immigration Act the person concerned was not required to register her presence in the State but is now required to fulfil that obligation. For the record, the person in question is not currently registered and is not in possession of a Certificate of Registration as required by the Act.

When the person concerned was stopped by the Immigration Officers in Shannon she would have been advised that she was not in compliance with her legal obligations to register and have permission to remain in the State. The person in question should now regularise her status in the State by making an application for residency to the Irish Naturalisation and Immigration Service of my Department.