Marriage of a non-EEA national to an Irish national does not grant any entitlement to residency in the State solely on that basis, nor does it grant an automatic right to work without requiring a work permit. A non-EEA spouse of an Irish national who is a citizen of a visa required country must be in possession of a valid visa each time they wish to enter or re-enter the State. The coming into force of the Immigration and Citizenship Act 2001, details of which are available on the Department's web site www.justice.ie, abolished the previous system of post-nuptial citizenship.
A non-EEA spouse of an Irish national who is in the State may make an application to the immigration division of my Department for permission to remain in the State on that basis. 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. If permission to reside is granted to a non-EU national on the basis of marriage to an Irish national then the non-national concerned will be able to reside in the State and work without the requirement of a work permit.
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.
