Jack Wall (Kildare South, Labour)
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Question 278: To ask the Minister for Justice, Equality and Law Reform the position regarding the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [40185/09]

Dermot Ahern (Louth, Fianna Fail)
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Firstly, it is open to any individual to seek a visa on the basis of being the partner of an Irish citizen. One of the key factors a Visa Officer takes into consideration is that the persons concerned can provide documentary evidence that clearly demonstrates and supports the existence and durability of a relationship of at least two years duration.

Marriage to an Irish National does not grant any automatic right to enter or reside in the State solely on that basis; the same applies to partners. 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.

In the cases of both spouses and partners, evidence of the bona fides of a pre-existing relationship is of paramount importance. Each visa application is considered on its individual merits, the onus resting with the applicant to satisfy the Visa Officer as to why a visa should be granted. Comprehensive information where making a visa application is available on the website of the Irish Naturalisation and Immigration Service (www.inis.gov.ie).

On the basis of the information provided, the age of the person referred to would not have any implications with regard to the type of visa that may be granted.