M J Nolan (Carlow-Kilkenny, Fianna Fail)
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Question 477: To ask the Minister for Justice, Equality and Law Reform when a decision will be made in relation to an application for permission to remain in the State on the basis of marriage to an Irish national for a person (details supplied) in County Carlow. [8071/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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An application for residence in the State on the basis of marriage to an Irish national in respect of the person concerned was received on 7th September 2007.

Applications of this kind, in fairness to all other such applicants, are dealt with in strict chronological order and currently take up to twelve months to process. It should be noted that marriage to an Irish national does not confer an automatic right of residence in the State.

Finian McGrath (Dublin North Central, Independent)
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Question 478: To ask the Minister for Justice, Equality and Law Reform if he will provide the maximum support to a person (details supplied). [8101/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person referred to by the Deputy was previously granted permission to remain in the State on student conditions. I have been informed by the Immigration Division of my Department that the person concerned has failed to comply with the Immigration Regulations regarding his permission to remain in the State.

Permission to remain was granted in respect of the person concerned strictly on the grounds that he cannot have access to State funds, services or benefits. He cannot therefore have an expectation, having been granted permission to remain on a self sufficiency basis, to avail of State benefits and services including attending State funded schools.

It follows that the child of an individual in the State on a self sufficiency basis is not entitled to attend a public/non-fee paying school. Should such an individual wish to enroll their child in the schooling system they would have to do this through a fee-paying school or fee-paying institution.

The person concerned should attend at the Garda National Immigration Bureau to enable him to be granted a further permission for a three month period, in order that he can achieve the required attendance record during this period which he has failed to do previously. If he achieves the required attendance record his permission to remain may be extended further.

However, permission to remain in the State can only be granted up until 31st July 2008 because he has dependents in the State attending publicly-funded schools.