Seán Haughey (Dublin North Central, Fianna Fail)
Link to this: Individually | In context

Question 596: To ask the Minister for Justice, Equality and Law Reform if he will process an application for naturalisation by a person (details supplied) in County Dublin despite the fact that they have no stamp showing permission to remain in the State for December 2004; if he will review this case; and if he will make a statement on the matter. [26130/06]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

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. One of these conditions is that the applicant has 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, has had a total residence in the State amounting to four years.

In the context of determining if an applicant meets the residence requirement for naturalisation, certain periods of residence in the State must be 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.

The person in question lodged an application for naturalisation which was received in the Citizenship Section of my Department on 19 January 2006, having lodged an earlier, unsuccessful application in 2003. My officials were unable to establish that he had permission to remain in the State for the month of December 2004. Consequently he was deemed ineligible for naturalisation as he cannot be considered to have had one year's continuous residency in the State prior to the date of application. He was informed of this determination in March 2006.

My officials have informed me that the person in question now satisfies the statutory residency requirement and it is open to him to submit a fresh application for naturalisation if he wishes.

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 10:00am to 12:30pm at Lo-call 1890 551 500 or (01) 6167700.