Paul Connaughton Snr (Galway East, Fine Gael)
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Question 580: To ask the Minister for Justice, Equality and Law Reform if a person (details supplied) in County Galway will qualify for a residency permit under stamp four; if his attention has been drawn to the fact that the applicant is married to an Irish national and has two children born in Brazil who are under 17 years of age; and if he will make a statement on the matter. [12037/09]

Dermot Ahern (Louth, Fianna Fail)
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Marriage to an Irish national by a non EU national does not grant any automatic right to reside in the State. However, if a non EU national spouse of an Irish national was already legally resident in the State prior to the marriage, then he or she can make a request to the local Registration Officer for a change of their immigration status to reflect their marriage to that Irish national.

If, however the non EU national has no legal status in the State at the time of the marriage, he or she may make an application to the Spouse of Irish National Unit, Immigration Services Section of my Department seeking permission to reside in the State on that basis. It is a fundamental requirement that a non EU national seeking residency in the State on the sole basis of marriage to an Irish national resides in the same household and in a family unit with that Irish national. Consideration of such application will involve the provision of documentary evidence to support the application and may also involve an interview by the Immigration authorities of either or both parties.

If a non EU national is granted permission to reside in the State on the sole basis of marriage to an Irish national, he or she is permitted to work in the State without the requirement of a work permit and to operate a business in the State without seeking further permission.

It is not necessary for children under the age of 16 to register with the Garda National Immigration Bureau.