John Cregan (Limerick West, Fianna Fail)
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Question 303: To ask the Minister for Justice, Equality and Law Reform the position for spouses of Irish citizens married for a number of years and living outside the State who wish to become Irish citizens; if a spouse of an Irish citizen born in England, married and living there for the past 20 years can apply for post nuptial citizenship or naturalisation; and if they can obtain an Irish passport due to the fact that they were married to an Irish citizen for a number of years. [39957/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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Section 8 of the Irish Nationality and Citizenship Act 1956, as amended, provided for the making of a declaration of Irish citizenship as post-nuptial citizenship by a non-national who had been married for at least three years to an Irish citizen who was Irish other than by naturalisation, post-nuptial citizenship or honorary citizenship. This process was repealed in the Irish Nationality and Citizenship Act 2001. A transitional provision in that Act, to enable people who married before 30 November 2002 to make a declaration, ended on 29 November 2005. It is not possible for a non-national to complete a declaration of post-nuptial citizenship.

The Irish Nationality and Citizenship Act 2001 also includes a set of provisions to enable persons who are married to Irish citizens to apply for a certificate of naturalisation. Such applications are granted at the absolute discretion of the Minister for Justice, Equality and Law Reform. To qualify to make such an application, the applicant must be of full age, be of good character, be married to the Irish citizen for at least three years, be in a marriage recognised under the laws of the State as subsisting, be living together as husband and wife with the Irish spouse, have had a period of one year's continuous residency in 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. The 2001 Act provides that I may waive some or all of the above conditions, including the residency requirements in certain circumstances, for example if applicant is married to an Irish citizen. As it is clear that the Oireachtas intended that persons who apply for naturalisation on foot of their marriage to an Irish citizen should be resident in the State for a period of time, such discretionary powers are used only in exceptional circumstances.