Written answers

Tuesday, 14 February 2006

Department of Justice, Equality and Law Reform

Citizenship Applications

9:00 pm

Photo of Damien EnglishDamien English (Meath, Fine Gael)
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Question 526: To ask the Minister for Justice, Equality and Law Reform the position regarding applications for persons (details supplied) in County Dublin; and if he will make a statement on the matter. [5449/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The persons concerned applied for permission to remain in the State on the basis of having an Irish-born child prior to 1 January 2005, in accordance with the revised arrangements announced by me on 15 January 2005. It is a requirement under the revised arrangements that the applicant is resident with their child in the State on a continuous basis since the child's birth and that evidence of such residence be provided with each application. In this case, the child was born in the State on 27 May 2003. The applicant mother left the State with her child in September 2004 and did not return until February 2005. The persons concerned do not meet the criteria for the granting of permission to remain in the State under the revised processing arrangements in so far as continuous residency is concerned and their applications were refused on this basis.

Photo of Seán HaugheySeán Haughey (Dublin North Central, Fianna Fail)
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Question 527: To ask the Minister for Justice, Equality and Law Reform if permission has been granted to persons (details supplied) to remain here under the new arrangements in place; and if he will make a statement on the matter. [5476/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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On 27 January 2006, the persons concerned were granted permission to remain in the State on the basis of having an Irish-born child prior to 1 January 2005, in accordance with the revised arrangements announced by me on 15 January 2005.

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 528: To ask the Minister for Justice, Equality and Law Reform if a person (details supplied) in County Kilkenny is entitled to apply for citizenship or long stay here with a right to work. [5493/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I understand that the person referred to by the Deputy first arrived in the State in August 2004 has been granted permission to reside in the State until July 2006 on the basis of her marriage to an Irish citizen. This permission allows the person concerned to take up employment here. The extension of this permission will be considered closer to the expiry of the current permission.

The Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister for Justice, Equality and Law Reform 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 who is the spouse of an Irish national those conditions are that 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; 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 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 on the naturalisation process may be obtained from my Department's website, www.justice.ie, or by telephoning the citizenship section helpline on Tuesdays or Thursdays between 10.00 a.m. to 12.30 p.m. at lo-call 1890 551 500 or (01) 6167700.

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