Dáil Éireann Debate, Tuesday - 6 March 2012
399 Deputy Willie O’Dea asked the Minister for Justice and Equality in view of the delay in processing spousal applications, if the Irish Naturalisation and Immigration Service, his Department or the Department of Foreign Affairs and Trade will issue multiple entry visas to applicants until their spouse visa application has been finalised; and if he will make a statement on the matter. [12493/12]
View answerThe current processing time-frame for considering residency applications on the basis of marriage to an Irish national is 7-9 months. In his judgment in the High Court Case of K M and D G -v- The Minister for Justice, Equality and Law Reform (2007 No. 321 J.R.) Mr. Justice John Edwards held that a period of between 9 and 12 months was reasonable for the making of such decisions. This period strikes an appropriate balance between facilitating the overwhelming majority of genuine applicants in this category within a reasonable period, while at the same time detecting less genuine cases, for example, marriages of convenience designed to circumvent immigration procedures. Having said this, however, it is hoped that this time frame can be reduced in the future.
The Deputy may wish to note that a visa is solely a form of pre-entry clearance for visa required nationals seeking to enter the state and conveys no automatic right of entry into the state on the holder. To preserve the integrity of the immigration regime, it is not the general practice of the Irish Naturalisation and Immigration Service to issue any multiple entry or re-entry visa to an applicant for long term residency in Ireland, such as spouse of an Irish national, until a decision has been made on an the more substantive application. To do so would effectively be to pre-empt the more substantive decision.
