John Cregan (Limerick West, Fianna Fail)
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Question 206: To ask the Minister for Justice, Equality and Law Reform the way in which a person (details supplied) can apply for citizenship and the length of time it would take to process this application. [36119/05]

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 the spouse of an Irish citizen who was Irish other that by naturalisation, honorary citizenship or by virtue of an earlier marriage to an Irish citizen is entitled to make a declaration of Irish citizenship as post-nuptial citizenship following three years of marriage. In the case of the person concerned, it was open to him to exercise such an entitlement at any time between July 1986, when the provision was extended to include men, and the time of his wife's death. Unfortunately, that option is no longer open to him.

The only other option open to the person concerned to obtain Irish citizenship is naturalisation. Section 15 of the Act provides that an applicant for naturalisation must: be of full age; be 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. Section 16A of the Act provides that no period of residence shall be reckoned in respect of which an applicant does not have permission of the Minister for Justice, Equality and Law Reform to remain in the State or where such permission is for the purposes of study or to seek recognition as a refugee within the meaning of the Refugee Act 1996; intend in good faith to continue to reside in the State after naturalisation; 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.

Section 16 of the Act provides that the Minister for Justice, Equality and Law Reform is empowered to waive some or all of the statutory requirements, including the residency requirements, where the applicant is of Irish descent or Irish associations. In the particular circumstances outlined by the Deputy, I will certainly give consideration to utilising my discretionary powers, including waiving part of the residency requirement, in respect of any application submitted by the person concerned.

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. Should the individual referred to wish to enter the State in advance of obtaining Irish citizenship, he will, as a US citizen, be subject to the normal immigration controls prevailing at the time of his entry into the State.