Willie O'Dea (Limerick City, Fianna Fail)
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Question 393: To ask the Minister for Justice and Equality the way persons (details supplied) in County Wicklow who had hoped to set up a business but who cannot, due to spousal visa delays, do so can allay any further delays; if his attention has been drawn to these delays at INIS; and if he will make a statement on the matter. [12441/12]

Alan Shatter (Dublin South, Fine Gael)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) that applications of this type are currently taking 7 - 9 months to process. The processing time for dealing with such applications can vary depending on the particular circumstances of each individual case and the nature of the investigation required. This processing time is considered a reasonable period in which to process such cases and in fact in the High Court Case of K M & D G -v- The Minister for Justice, Equality and Law Reform (2007 No. 321 J.R.) Justice John Edwards held that a period of between 9 and 12 months was reasonable for the making of such decisions. The processing time is also well within international norms for this type of application.

In this case, INIS advises me that the person concerned entered the State on foot of a short stay "C" type visitor visa which is normally given for a stay of up to 90 days. The person subsequently made an application for residency arising from marriage to an Irish national which was received by INIS on 10th January, 2012. Applications of this type are dealt with in chronological order on the basis of the month in which they are received. I understand that INIS are prepared to allow the person to remain in the State pending a decision on this application; if the person concerned leaves the State before a decision on the application she will need to be in possession of an Irish entry visa to enable her to return.

Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.