Catherine Murphy (Kildare North, Independent)
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Question 346: To ask the Minister for Justice, Equality and Law Reform if applicants are waiting between eight and 18 months for post-nuptial citizenship applications to be processed; the actual processing time; the reason for such a long delay; the provision which is made for applicants who wish to travel outside Ireland or work whilst awaiting the processing of their applications; and if he will make a statement on the matter. [27443/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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Section 8 of the Irish Nationality and Citizenship Act 1956, as amended, provides that a non-national who is married to an Irish citizen, who is Irish other than by naturalisation, post-nuptial citizenship or honorary citizenship, for a period of at least three years, may lodge a declaration accepting Irish citizenship as post-nuptial citizenship. The marriage must be subsisting at the date of lodgement of the declaration. Furthermore, the couple must be living together as husband and wife and the Irish spouse must submit an affidavit to that effect when the declaration is being lodged.

The continued availability of this process is finite because it was repealed in the Irish Nationality and Citizenship Act 2001.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 of 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 persons who married prior to that date but do not avail of the post-nuptial process prior to 29 November 2005, must apply for naturalisation.

The table shows the number of declarations of post-nuptial citizenship received and certificates of citizenship issued on foot of such declarations in the last five years.

The processing time for such declarations is between ten and 12 months at the present time. The main reason for this is the increase in the volume of declarations being received over the last few years. The ending of the scheme on 29 November 2005 is likely to have contributed to this increase in that persons who, but for the ending of the scheme may not have lodged declarations, have decided to do so.

The number of declarations received and certificates issued in the whole of 2001 was surpassed in the first six months of 2005. This can be attributed to an ongoing streamlining of procedures coupled with the assignment of additional staff to the citizenship section in recent months.

In respect of persons awaiting the finalisation of consideration of their declarations and who wish to travel outside of Ireland, the position is that if they are visa-required nationals, they can apply to the Department of Foreign Affairs for re-entry visas prior to their departure from the State.

Matters related to non-nationals working in the State are appropriate to be dealt with by the Department of Enterprise, Trade and Employment.