Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 499: To ask the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 566 of 23 October 2007, his Department's policy on which visa or stamp is to be issued at ports of entry when a non-EEA citizen arrives into the State for the first time, accompanied by their Irish citizen spouse and declaring their intention to apply for residency on the basis of marriage to an Irish citizen. [26248/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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Marriage to an Irish national does not automatically confer on a non-EEA spouse the right to enter or remain in the State. All foreign nationals arriving in the State must present to an immigration officer at the port of entry. The immigration officer has the power under section 4 of the Immigration Act 2004 to grant permission to enter the State. The spouse of an Irish national who is visa-required must hold a valid Irish visa in order to present at the port of entry. Assuming that the spouse is granted permission to enter, he/she will normally be given a landing stamp which will instruct him/her to report before a certain date to a Registration Officer (member of the Garda National Immigration Bureau) in the area where they will reside in order to register his/her presence in the State.

Non-EEA spouses of Irish nationals who entered the State with a 'C' — Visit Visa or who have no current permission to remain in the State are required to make an application for permission to remain on the basis of marriage to an Irish national to the Immigration Division of the Irish Naturalisation and Immigration Service of my Department. Such applicants cannot register with the Garda National Immigration Bureau until their application has been processed. Normally where the non-EEA national qualifies for permission to remain as the spouse of an Irish national he/she will be granted Stamp 4.

If the Deputy has a particular case of concern he should make further inquiries with the Irish Naturalisation and Immigration Service.