Ned O'Keeffe (Cork East, Fianna Fail)
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Question 504: To ask the Minister for Justice, Equality and Law Reform if he will outline the criteria to me met by a non-national person to apply and be approved for Irish citizenship. [23702/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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There are four ways in which a person born outside Ireland can obtain Irish citizenship, namely: by means of a grant as a token of honour; by descent; by naturalisation; or by marriage to an Irish citizen, that is, post-nuptial citizenship. It is assumed, for the purposes of this reply, that neither honorary citizenship nor citizenship by descent are relevant in this context. Accordingly, I will set out some general information about naturalisation and post-nuptial citizenship. However, without further details, I am not in a position to advise as to which method is appropriate to the circumstances of the person concerned.

On post-nuptial citizenship, a non-national married to a person who is an Irish citizen, otherwise than by naturalisation, post-nuptial declaration or honorary citizenship, may accept Irish citizenship as his/her post-nuptial citizenship by lodging a declaration not earlier than the three years from the date of the marriage or three years from the date on which the applicant's spouse became an Irish citizen, whichever is the later. The marriage must be subsisting and the couple must be living together as husband and wife at the time of the lodgment of the declaration.

The continued availability of this process is finite. That is because it was repealed in the Irish Nationality and Citizenship Act 2001. However, it remains open to non-nationals who married prior to 30 November 2002 and who fulfil the statutory conditions, namely, three years marriage, etc. This window of opportunity will cease with effect from 29 November 2005. Persons who marry on or after 30 November 2002 or those who married prior to that date but who do not avail of the post-nuptial process prior to 29 November 2005 must apply for naturalisation in accordance with the provisions relating thereto.

With regard to naturalisation, the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. In the case of a non-national applicant who is the spouse of an Irish national, those conditions are that the applicant must be: of full age; of good character; married to the Irish citizen for at least three years; in a marriage recognised under the laws of the State as subsisting; living together as husband and wife with the Irish spouse; have had a period of one year's continuous residency on the island of Ireland immediately before the date of the application and, during the four years immediately preceding that period, have had a total residence in the island of Ireland amounting to two years; intend in good faith to continue to reside in the island of Ireland after naturalisation; and have made, either before a judge of the District Court in open court or in such a manner as the Minister, for special reasons, allows, a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State.

In other cases the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation providing that certain, more rigorous, statutory conditions are fulfilled. Those conditions are that the applicant must be: of full age or, by way of exception, a minor born in the State; of good character; have had a period of one year's continuous residency in the State immediately before the date of the application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years; intend in good faith to continue to reside in the State after naturalisation; and have made, either before a judge of the District Court in open court or in such a manner as the Minister, for special reasons, allows, a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State.

It should be noted that, in the context of naturalisation, certain periods of residence in the State are excluded. These include periods of residence in respect of which an applicant does not have permission to remain in the State, periods granted for the purposes of study and periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act 1996.

Further information and the necessary application forms may be obtained from my Department's website, www.justice.ie, or by telephoning the citizenship section helpline on Tuesdays or Thursdays between 10 a.m. to 12:30 p.m. at Lo-call 1890 551 500 or (01) 6167700.