Joe Costello (Dublin Central, Labour)
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Question 213: To ask the Minister for Justice, Equality and Law Reform his policy on same sex relationships where one partner is an Irish citizen and the other is a non EU-national living here without residency status; and if he will make a statement on the matter. [44713/09]

Dermot Ahern (Louth, Fianna Fail)
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The Irish immigration system makes no distinction between heterosexual and same-sex partners. A non-EEA national may be granted permission to remain in the State as the partner of an Irish citizen. Each case is assessed on its merits and what counts is that the partnership is genuine and that the partnership has existed for at least two years. It is a matter for the applicant to prove the relationship to the satisfaction of the Minister. This may include evidence of joint bank accounts, utility bills etc.

The illegal status of the non-EEA partner clearly complicates matters. All foreign nationals have a responsibility to ensure that they have permission from the immigration authorities to be in the State and the fact that they have entered into a relationship with an Irish national in no way dilutes this obligation. Any person who is unlawfully present in the State would be expected to leave. However, such persons are not prevented from making an application for leave to remain while in Ireland. This includes a person who is claiming to be the partner of an Irish citizen. It should be noted that the making of this application does not of itself confer any additional legitimacy on their presence in the State.

An applicant should provide full information of their immigration history in the State and their relationship with their Irish partner and also outline any extenuating circumstances in respect of their illegality. The State must, in addition to ensuring that those who obey the rules benefit from doing so, be careful to ensure that any partnership is not contrived or constructed for the purposes of circumventing immigration controls.