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Dáil Éireann díospóireacht -
Tuesday, 27 Feb 1979

Vol. 312 No. 2

Written Answers. - Non-EEC National Residents.

201.

asked the Minister for Justice (1) the legal position of a non-EEC national resident in Ireland, who is married to an Irish national and who wishes to remain in this country permanently; (2) the visa requirements, if any, for such a person; (3) the requirements for the renewal of a visa held by such a person; (4) if the sex of such a person matters; and (5) if being unemployed affects his or her position.

Such a person is subject to the controls provided in the Aliens Act, 1935 and in the Aliens Orders, 1946 and 1975. Whether he or she is permitted to remain indefinitely here depends on the facts of the case. Thus if the person is unable to maintain himself (herself) and his (her) spouse without taking up employment, a relevant consideration would be whether or not a permit authorising his (her) taking up a particular job had been granted by the Minister for Labour. The sex of the person is a factor to the extent that in practice where such a couple have to support themselves by working it is the husband who is the breadwinner and to the extent that the law permits a woman who is married to an Irish citizen to acquire Irish citizenship simply by registering with the Department of Justice. Where permission is granted for a short stay only, it may be possible to have the permission extended.

The question of visas is really irrelevant since a visa relates to entry to the State as distinct from residence here. However, it may be of interest to know that the countries whose citizens do not require to have a visa before entering the State are listed in the sixth Schedule to the 1946 order as amended by the 1975 order. A visa may be for a single journey or may authorise a number of journeys within a specified period.

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