Bernard Durkan (Kildare North, Fine Gael)
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Question 89: To ask the Minister for Justice, Equality and Law Reform if naturalisation or residency status will be conferred on a person who has lived in an EU jurisdiction for the past six years; and if he will make a statement on the matter. [17660/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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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 applicant 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 3 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 other cases the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain (more rigorous) statutory conditions are fulfilled. Those conditions are that the applicant must—

∙be of full age, or by way of exception, be a minor born in the State

∙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

∙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.

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.

I cannot give definitive advice on the eligibility for naturalisation of any person without receiving a fully completed application form from that person. Such application forms can be downloaded from my Department's website at www.justice.ie.

The right of EU citizens and their family members to exercise free movement between member States (EU)is set out in Directive 2004/38/EC and the European Communities (Free Movement of Persons) Regulations 2006 gives effect in Irish law to this Directive. The position in relation to non-EEA nationals who wish to remain in Ireland is that they must register with their local immigration office to obtain the appropriate permission to remain. The grounds for granting permission to remain are subject to the activities the person is engaged in. i.e. work permit holders are given permission to remain up to the expiry date of the work permit.