Written answers

Tuesday, 28 March 2006

Department of Justice, Equality and Law Reform

Citizenship Applications

11:00 pm

Photo of Seán HaugheySeán Haughey (Dublin North Central, Fianna Fail)
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Question 375: To ask the Minister for Justice, Equality and Law Reform if a person (details supplied) is entitled to Irish citizenship; the procedures to be followed in making such an application; and if he will make a statement on the matter. [11685/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The Irish Nationality and Citizenship Act 2001 provides for a set of provisions to enable persons who are married to Irish citizens to apply for a certificate of naturalisation. Such applications, which take 24 months to process, are granted at the absolute discretion of the Minister for Justice, Equality and Law Reform and 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 process of making a declaration of Irish citizenship by a non-national who was married to an Irish citizen — post-nuptial citizenship — was repealed in the Irish Nationality and Citizenship Act 2001 which came into effect on 30 November 2002. A transition provision in that Act, enabling those persons who married before 30 November 2002 to make a declaration, ended on 29 November 2005. On the basis of the information supplied by the Deputy, it would have been open to the person in question to have made such a declaration at any time between 1956 and 29 November 2005. However, this option is no longer available to her. 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.

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