Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 312: To ask the Minister for Justice and Law Reform the current waiting period for applications for residency on the basis of a [i]de facto[/i] relationship [3935/11]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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2057I am informed by the Irish Naturalisation and Immigration Service (INIS) that residency applications on the basis of a de facto relationship in respect of Non EEA partners of Irish Citizens, or non-EEA nationals lawfully resident in the State, are considered under national immigration measures. The current average processing time is 6 - 8 weeks, although this may be longer where insufficient supporting documentation is submitted with the application.

Partners of EU citizens exercising EU Treaty Rights in accordance with the European Communities (Free Movement of Persons) Regulations 2006 and 2008 are dealt with under those regulations. The rules applicable to those persons are available on the website of the Irish Naturalisation and Immigration Service. Form EU1 is the appropriate application form in that situation. I am advised that all applications for residence in the State on the basis of EU Treaty Rights by non-EEA family members of EU or EEA citizens are currently being processed within the six month statutory time frame set out in Directive 2004/38/EC as implemented in Ireland by Statutory Instrument 656/2006 as amended by Statutory Instrument 310/2008.