Written answers

Tuesday, 5 March 2024

Department of Justice and Equality

Immigration Policy

Photo of Mairead FarrellMairead Farrell (Galway West, Sinn Fein)
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481. To ask the Tánaiste and Minister for Justice and Equality the reason that a Danish marriage certificate is not acceptable as proof of marriage for immigration purposes; the reason that applicants are not advised of this prior to their appointment at their local immigration office; and if she will provide an update on an application (details supplied). [10190/24]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I can advise the Deputy that there are two routes in which a non-EEA national can apply for permission to remain in the State on the basis of marriage to an Irish national.

Where a person is a non-visa required national, who has entered the State legally within the last 90 days, or where they are a visa required national and within the period of permission granted to them on arrival in the State, or if they have a current permission to remain in the State on an alternative basis, both the non-EEA national and their Irish spouse should attend at their local immigration office with the following documentation:

  • Original marriage certificate
  • Original passport
  • Their Irish spouse's original passport
  • Evidence of joint address
  • Evidence of financial means
Where a person has been refused registration at their local immigration office or where a person does not have a current permission to be in the State, they must submit an application to the Spouse of Irish National Unit.

Detailed information on how to apply, along with the application form, is available on the Immigration Service website at: www.irishimmigration.ie/my-situation-has-changed-since-i-arrived-in-ireland/spouse-civil-partner-of-irish-national-scheme/.

The Deputy may wish to note, however, there is no automatic right to live in the State following marriage to an Irish national. If permission is granted, it is on the basis of sufficient evidence of a valid and genuine marriage/civil partnership and cohabitation.

My Department's Registration Office in Burgh Quay is responsible for registering immigration permissions for persons residing in the Dublin area only. An Garda Síochána has oversight of the first registration and renewal of immigration residence permissions for non-EU/EEA nationals residing outside of the Dublin area. Therefore, determining whether documentation presented by the person referred to by the Deputy is sufficient for registration, is a matter for An Garda Síochána.

Queries in relation to the status of individual immigration cases may be made directly to my Department by email using the Oireachtas Mail facility at IMOireachtasMail@justice.ie, 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 Question process. The Deputy may consider using the email service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.

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