Róisín Shortall (Dublin North West, Labour)
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Question 510: To ask the Minister for Justice, Equality and Law Reform the policy of his Department in respect of the recognition of same sex couples who have entered a civil partnership in Northern Ireland, where one member of the couple is a non EEA citizen; if such a relationship will be accepted for immigration purposes; if there are guidelines covering this matter; and if he will report on the time-scale involved in his Department considering such applications. [17306/08]

Dermot Ahern (Louth, Fianna Fail)
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A non-EEA national who is the partner (including same sex partner) of an Irish citizen may seek permission to remain in the State based on such a relationship and each case will be considered by the Irish Naturalisation and Immigration Service on the particular circumstances of the case.

The circumstances that would support such a request would be where the partners have been in a relationship for at least 4 years (i.e. evidence of a durable relationship); the immigration record of the non-EEA national; if the persons appear to have a genuine intention of residing together in the State; if the persons have an income in the State which would support them; if there is no evidence to suggest that the request for permission to remain is being used as a way of circumventing other immigration procedures. Evidence of a civil partnership or marriage entered into in another jurisdiction, including Northern Ireland, would not of itself determine the application but could contribute to proof of a durable relationship. The length of time to process the case will depend on the circumstances presented and the form of status sought.

Permission to enter and reside in the State as the partner (including same sex partner) of an EU citizen who is exercising free movement rights is covered by the European Communities (Free Movement of Persons) (No.2) Regulations 2006 (S.I. No. 656 of 2006). Those regulations transposed the European Directive (2004/38/EC) on the rights of citizens of the Union and their family members to move and reside freely within the territory of the Member States. The Regulations include as a "permitted family member" a person who is "the partner with whom the Union citizen has a durable relationship, duly attested." Such cases must be dealt with within 6 months of application.