Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 360: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if a naturalisation application can be reviewed in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [2061/07]

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

As I have indicated to the Deputy by way of response to his recent representations, 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 in December 2006. The application was examined 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. She was informed of this by letter dated 8 January 2007.

It is open to the person in question to lodge a new application if and when she is in a position to meet the statutory requirements applicable at the time.