Written answers

Thursday, 13 December 2007

Department of Justice, Equality and Law Reform

Visa Applications

5:00 pm

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Question 17: To ask the Minister for Justice, Equality and Law Reform the specific requirements for a non-EEA spouse of an Irish national to obtain a D-type visa before they enter Ireland; the procedures for a non-visa required national to obtain a D-type visa before they enter Ireland; and if he will make a statement on the matter. [34545/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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It is important to note that marriage to an Irish national does not grant any automatic right to enter or reside in the State solely on the basis of the marriage. A person, who is visa-required, wishing to come to Ireland to reside in the State with his/her spouse, must apply for a "Join Spouse" visa. Where all the required documentation/evidence has been furnished and the Visa Officer is satisfied with the bona fides of the application, a D-type Visa would normally be approved. In a small minority of cases, where a Visa Officer has concerns over the relationship history for example, a C-type Visa would be approved. The rationale for this is that the applicant is being afforded the opportunity to demonstrate the genuine nature of the relationship.

In very exceptional cases, where little or no evidence of a relationship history has been demonstrated for example, the visa application would be refused. In such cases, the decision of the Visa Officer may be appealed within two months of the date of decision. Non-visa required nationals who enter the State to reside with an Irish spouse are required to attend their local Garda National Immigration Bureau Registration Office within 90 days and request permission to be registered as resident in the State on the basis of marriage to an Irish national. In some cases, the local Registration Office will refer the matter to the Irish Naturalisation and Immigration Service for further investigation.

Comprehensive information on the Visa Application process and the supporting documentation required is available on the website of the Irish Naturalisation and Immigration Service, www.inis.gov.ie

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