Written answers

Wednesday, 15 November 2006

Department of Justice, Equality and Law Reform

Citizenship Applications

9:00 pm

Photo of Ned O'KeeffeNed O'Keeffe (Cork East, Fianna Fail)
Link to this: Individually | In context

Question 171: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the position regarding an application for naturalisation in respect of a person (details supplied) in County Cork and on whose behalf additional supporting documentation was submitted on 1 September 2006 regarding the number of months of residency they have. [38096/06]

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

An application for a certificate of naturalisation from the person referred to in the Deputy's question was received in the Citizenship Division of my Department on 12 April 2005.

Section 15 of the Irish Nationality and Citizenship Act, 1956, as amended, provides that applicants for naturalisation, other than spouses of Irish citizens, must have been resident in the State for five years of the nine year period prior to the date of application. Resident in this context means residence for which the applicant had the permission of the Minister for Justice, Equality and Law Reform and where such permission was not granted for the purposes of study or seeking asylum. Generally speaking, reckonable residence is calculated from stamps in applicants' passports and from Departmental and Garda records.

On examination of the individual's application for a certificate of naturalisation, it was determined that he did not have five year's residence at the time of lodging his application, having gaps in his residency for the period November 2001 to December 2002 and for the month of November 2004. Consequently, he did not have the necessary reckonable residence in order to qualify for naturalisation. A letter to this effect first issued to him on 19 April 2005 and was the subject of some communication between the applicant and staff in the Citizenship Division of my Department.

I have noted the Deputy's letter of 1 September 2006 in which he submits copies of work permits on behalf of the person in question which cover the gaps in residency. The Irish Nationality and Citizenship Act, 1956, as amended, is quite specific as to how residency is reckoned for the purposes of naturalisation and while the work permits demonstrate that the person in question was authorised to work in the State during this time, the fact remains that he resided here without the necessary permission.

The onus is on the individual who requires permission to remain in the State to keep this permission up-to-date at all times. It will be open to the person in question to submit a fresh application once he satisfies the statutory conditions applicable at that time.

Comments

No comments

Log in or join to post a public comment.