Michael Noonan
Ceist:458 Mr. Noonan asked the Minister for Justice, Equality and Law Reform if he will consider granting an extension of the visa for a person (details supplied) in County Limerick. [26794/05]
Amharc ar fhreagraTuesday, 4 October 2005
Ceisteanna (378, 379)
Freagraí scríofa
An application for permission to remain in the State based on marriage to an Irish national was received from the person concerned in August 2005. Applications of this type are dealt with in chronological order and take approximately 16 to 18 months to process. However, it should be noted that marriage to an Irish national does not confer an automatic right of residence in the State.
Olivia Mitchell
Ceist:459 Ms O. Mitchell asked the Minister for Justice, Equality and Law Reform his plans to make improvements to the position with regard to applicants for leave to remain here made before January 2005 on a basis other than that of parentage of an Irish born child; and if he will make a statement on the matter. [26798/05]
Amharc ar fhreagraSubject to certain limited exceptions, every non-European Economic Area national who is resident in the State is required to have the permission of the Minister for Justice, Equality and Law Reform to remain. In 2004 more than 130,000 non-EEA nationals registered with the Garda national immigration bureau and received such permission. These included work permit holders and their families, students, spouses of Irish nationals and dependants of EEA nationals.
In the case of persons in the State without this permission, including failed asylum seekers, the issue of granting permission to remain is considered in the context of a ministerial proposal to deport them. Cases are examined on an individual basis under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, prohibition of refoulement. The discussion document, Immigration and Residence in Ireland, which I published last April, included proposals for a single procedure for protection and a streamlined removals process. Proposals in this regard will be included in the immigration and residence Bill which is being prepared in my Department.