Richard Bruton (Dublin North Central, Fine Gael)
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Question 442: To ask the Minister for Justice, Equality and Law Reform the circumstances in which a marriage of an EU national in a third country to a national of a state outside the EU can be recognised and the spouse given residency rights here; and his plans to amend existing legal provisions in view of the considerable number of both Irish and other EU nationals living in third countries for periods of their lives. [22351/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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EU citizens have the right to move to and reside in Ireland as set out in the European Communities (Free Movement of Persons) (No. 2) Regulations 2006. Their non-EEA spouses would be entitled to apply for permission to remain in the State with the EU citizens and provided that evidence of the marriage is submitted with the application (there are also provisions relating to durable relationships other than marriage) and subject to the satisfying other conditions (in particular the requirement that they have been lawfully residing in another Member State), the non-EEA spouses can obtain permission to remain in the State. Where the spouse is not eligible under the relevant EU Regulations they may still be permitted to remain in Ireland under national measures depending on the circumstances of the case.

A similar application process is available to non-EEA spouses of Irish citizens and any permission to remain would be in accordance with national measures.

I have no plans at present to amend the legislation in this area.