Dáil Éireann Debate, Wednesday - 26 January 2005
718 Mr. Bruton asked the Minister for Justice, Equality and Law Reform if he will report on the arrangements whereby persons who have married an Irish national obtain automatic right to residency and citizenship here; the protections in place to prevent abuses of this arrangement and to advise Irish nationals on the way in which to protect themselves in such a situation; and if he will make a statement on the matter. [1075/05]
View answerI presume the Deputy is referring to non-EEA spouses of Irish nationals. Marriage to an Irish national does not grant any automatic right to residency in the State solely on that basis. Neither does it grant an automatic right to Irish citizenship following the coming into force of the Immigration and Citizenship Act 2001 which abolished the previous system of post-nuptual citizenship.
The immigration division of my Department has growing experience of marriages being entered into for the sole purpose of enabling the non national in question gain entry to the State. Frequently in these circumstances the Irish national may be totally unaware that this is the intention of the non national and will feel aggrieved by the perception that the immigration authorities are interfering with their private life in refusing to allow their spouse to enter or remain in the State. On occasion the Irish national may be a willing party for their own personal benefit. 'Convenience' marriages for the purpose of circumventing normal immigration controls are experienced by immigration jurisdictions worldwide and, in this regard, holiday and internet romances would feature frequently.
In order to prevent abuses of the system, in so far as is possible and without unduly interfering with the Irish citizen's private circumstances, the immigration division will seek to establish various matters. These include the context in which the marriage took place, the validity of the marriage and whether the couple are residing in a family unit. This may involve requesting supporting documentation as evidence of the relationship or an interview by the immigration authorities of either or both parties.
My Department is not in a position to advise persons as to how to protect themselves in such a situation as suggested by the Deputy. It is open to them to contact a solicitor in this regard.
