Jim O'Keeffe (Cork South West, Fine Gael)
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Question 71: To ask the Tánaiste and Minister for Justice, Equality and Law Reform when the application for post nuptial citizenship of a person (details supplied) in County Cork will be dealt with; and the reason for the delay to date. [34998/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The statutory provisions providing for the process of post-nuptial citizenship were repealed in the Irish Nationality and Citizenship Act, 2001, which came into effect on 30 November 2002. A transition provision contained in the Act enabled persons who married Irish citizens prior to 30 November 2002 to make a declaration on or before 29 November 2005. As the person in question married her husband on 16 January 2003, post-nuptial citizenship was not an option.

However, 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 citizen 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.

An application for a certificate of naturalisation from the person referred to by the Deputy was received in the Citizenship section of my Department on 11 January 2006. The application was examined shortly after receipt and it was determined that the person in question did not have the required reckonable residency as she was not married for three years at the date of application and consequently was not eligible to apply for a certificate of naturalisation at that time. Her solicitors were informed of this by letter dated 10 March 2006.

On 21 July 2006, the person in question lodged a new application for a certificate of naturalisation. The average processing time for such applications is currently 24 months. Therefore, it is likely that the application of the individual concerned will be finalised in mid-2008. I will inform both the applicant and the Deputy when a decision has been made on the application.