Róisín Shortall (Dublin North West, Labour)
Link to this: Individually | In context

Question 656: To ask the Minister for Justice, Equality and Law Reform if persons seeking residency here can be granted it on the basis that their spouse has residency; and if he will make a statement on the matter. [6535/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

There is no automatic right for a non-EEA national to join his/her spouse in the State. Each case will be considered with reference to the circumstances presented and will also depend on the immigration status of the two persons involved.

Different arrangements apply depending on the category of person with whom the spouse is seeking reunification. For instance, the spouse of an Irish citizen can expect, providing the marriage is not a marriage of convenience, to gain permission to reside including the right to work.

If one of the parties is an EU or EEA national, consideration of the case will be in accordance with the European Communities (Free Movement of Persons)(No.2) Regulations (S.I. 656 of 2006), or the European Communities (Aliens) Regulations 1977 (S.I.No.393 of 1977) or the European Communities (Right of Residence for Non-Economically Active Persons) Regulations 1997 (S.I. No. 57 of 1997).

I understand, however, that the Deputy has a particular case in mind and that the case may be one based on parentage of an Irish citizen child. Without seeing the details of the case, however, I cannot comment further on its merits.