Written answers

Tuesday, 10 October 2006

Department of Justice, Equality and Law Reform

Citizenship Applications

9:00 pm

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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Question 213: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if it is permissible for a person who has applied for naturalisation to leave the State for short periods while the application is being processed; if leaving the State for such short periods would in any way prejudice the application; and if he will make a statement on the matter. [31490/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, requires that an applicant for a certificate of naturalisation has had a period of one year's continuous residence in the State immediately before the date of application and, during the eight years immediately preceding that period, has had a total residence in the State amounting to four years. Applicants must also intend to have their usual or principal place of residence in the State after naturalisation.

Should the applicant fulfil the aforementioned criteria, his/her application will move to be processed. During the processing stage, while it may not be deemed prejudicial to the application should the applicant wish to leave the State for short periods, each case is considered individually. In circumstances where the person in question does wish to leave the State while his/her application is being processed, he/she should notify the Citizenship section of my Department of the dates of travel and the reasons for same.

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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Question 214: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if, in cases of applications for naturalisation, an applicant had been employed in the public service in the country of origin prior to applying for naturalisation here, such employment has a favourable impact on the application for naturalisation; and if he will make a statement on the matter. [31491/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister for Justice, Equality and Law Reform may 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.

The Deputy will also be aware that Section 16(f) of the aforementioned Act allows the Minister in his absolute discretion to grant an application although the conditions for naturalisation are not complied with where the applicant is or has been resident abroad in the public service. For the purposes of the Act, the term 'public service' when used in relation to the employment of a person, refers to employment in the service of the Government, whether or not in the civil service, or in the service of any public corporation or authority maintained wholly or partly out of public funds or in respect of which a Minister of State is responsible.

If an applicant considers that he/she has an entitlement to a certificate of naturalisation based on his/her employment in the public service, it is open to that applicant to submit such an application.

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