Seán Haughey (Dublin North Central, Fianna Fail)
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Question 413: To ask the Minister for Justice, Equality and Law Reform if a non-national living here for over five years can apply for Irish citizenship; if such an application can be made by a person who was granted residency under the revised arrangements announced by him on 15 January 2005; the locations where application forms can be obtained; and if he will make a statement on the matter. [19233/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Minister 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 assume the revised arrangements the Deputy is referring to is the scheme I put in place at the beginning of 2005 to deal with applications for permission to remain from non EU national parents of Irish children born in Ireland prior to 1 January 2005. Approximately 17,000 persons have been granted leave to remain under this scheme to date. It is open to such persons to apply for naturalisation at any time provided, of course, that at the time of their application, they comply with the statutory requirements as set out above.

Further information and the necessary application forms for naturalisation may be obtained from my Department's website (www.justice.ie) or by telephoning the Citizenship Section helpline on Tuesdays or Thursdays between 10:00am to 12:30pm at Lo-call 1890 551 500 or (01) 6167700.