Ruairi Quinn (Dublin South East, Labour)
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Question 455: To ask the Minister for Justice, Equality and Law Reform the considerations taken into account when deciding on applications for residence permits made by non-EU or EEA nationals who are same sex partners of Irish citizens and who wish to reside with them in the State; the weight attached to proof of an enduring and long term relationship between the parties; the weight attached to the fact that the parties have entered into a civil union or marriage under the laws of another State; if there has been change in applicable policy in recent times; and if he will make a statement on the matter. [21448/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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A non-EEA national who is the partner of an Irish citizen may seek permission to remain in the State based on such a relationship and each case will be considered by the Irish Naturalisation and Immigration Service on the particular circumstances of the case.

The circumstances which would support such a request would be where the partners have been in a relationship for at least 4 years (i.e. evidence of a durable relationship); the immigration record of the non-EEA national; if the persons appear to have a genuine intention of residing together in the State; if the persons have an income in the State which would support them; if there is no evidence to suggest that the request for permission to remain is being used as a way of circumventing other immigration procedures. Evidence of a civil union or marriage entered into in another jurisdiction would not of itself determine the application but could contribute to proof of a durable relationship.

The normal outcome of a successful request would be that the non-EEA national would be allowed remain in the State either as a student, a dependant of the Irish citizen or as a person entitled to work in the State subject to obtaining the relevant work permit. While the Minister has discretion to allow persons to remain in the State with an exemption from work permit requirements it is not his general policy to do so in cases of this type. An exemption from work permit requirements granted in a particular case cannot be used as a precedent for other cases. There has not been a change to policy in this area recently.