Tuesday, 28 June 2011
Department of Foreign Affairs and Trade
Bernard Durkan (Kildare North, Fine Gael)
Question 69: To ask the TÃ¡naiste and Minister for Foreign Affairs and Trade the procedure to be followed in the case of a person (details supplied) in Dublin 3, whose application for residency has been refused and who wishes to apply for a passport for their child; and if he will make a statement on the matter. [17024/11]
Eamon Gilmore (Tánaiste; Minister, Department of Foreign Affairs and Trade; Dún Laoghaire, Labour)
The Passports Act, 2008 requires that a person must be an Irish citizen before a passport can be issued to him/her. Evidence of that personâ€™s entitlement to Irish citizenship must be provided with his/her passport application. Under the Irish Nationality and Citizenship Act, 1956, as amended, (1956 Act) persons born in the State after 1 January 2005, where neither parent is an Irish or British citizen or otherwise entitled to reside without restriction in the State or in Northern Ireland, may claim citizenship by birth in the State (and thereby establish eligibility for a passport) only where a parent has been lawfully resident in the State for three years of the four years preceding their birth.
Section 6B(2) of the 1956 Act makes particular provision for nationals of EU Member States who by making a declaration concerning their residence in the island of Ireland for three of the four years immediately preceding the childâ€™s birth will be regarded as having resided in the island of Ireland in respect of the declared periods for purposes of the 1956 Act, unless the contrary is proved. All declarations must be supported by evidence of residence such as tax certificates, bank statements etc.
In the case raised by the Deputy , however, we do not have sufficient information to give clear guidelines as to the entitlement to an Irish passport. If the Deputy wishes to provide these, we would be happy to provide further advice.