Written answers

Wednesday, 31 January 2007

Department of Justice, Equality and Law Reform

Citizenship Applications

8:00 am

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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Question 452: To ask the Tánaiste and Minister for Justice, Equality and Law Reform his views on whether it is appropriate that in addition to the five year residency provided by the nationality and citizenship Acts before an application for naturalisation can be lodged, there is now a further three year delay in dealing with such applications; and the steps he proposes to deal with this problem. [2860/07]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The statutory requirements for naturalisation are set out in the Irish Nationality and Citizenship Act 1956, as amended. This provides that applicants for naturalisation, other than spouses of Irish citizens, must have been resident 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.

The average processing time for applications for certificates of naturalisation is at present approximately 24 months but the Deputy will appreciate that depending on the particular circumstances involved, individual cases may take longer to process. The length of time taken is primarily due to the significant increase in the volume of applications received in the last number of years. As the following table indicates, there is an upward trend in the number of such applications and this trend is continuing in the year to date.

YearApplications for naturalisation
20001,004
20011,431
20023,574
20033,580
20044,074
20054,523
20067,030

In the interests of fairness to all concerned, it is the practice of the Citizenship Division of my Department to process cases in chronological order based upon the date of receipt of the application. The only areas where this practice is not observed involve applications by persons with refugee status or where the application is made on behalf of a minor. In the case of applicants with refugee status the Government has obligations under the United Nations Convention relating to the Status of Refugees of 28 July 1951. Accordingly every effort is made to ensure that applications from such applicants are dealt with as quickly as possible, having regard to the general volume of applications. Where applications made on behalf of minors are concerned, these generally require less processing than standard adult applications so it is usually possible to finalise them more quickly.

The granting of Irish citizenship through naturalisation is an honour and applications must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is given only to persons who satisfy the necessary qualifying criteria. The procedures employed to assess an applicant for naturalisation are as set out in summary form as follows.

Upon receipt, each application is examined to determine if the statutory application is completed fully. Incomplete application forms are returned to the applicant for amendment. Valid applications are then examined to determine if the applicant meets the statutory residency criteria set out in the Irish Nationality and Citizenship Act. Passports and other documentation are examined in detail and enquiries with the Garda National Immigration Bureau may also be necessary. Since this procedure was introduced on 1 April 2005, over 3,000 applicants who applied since that date have been found to be ineligible. All such applicants are informed of any shortfall in their residency and will be able to reapply when they have the required residency.

The next stage of the process involves assessing an applicant's financial status in respect of their ability to support themselves in the State. Enquiries with the Revenue Commissioners and the Department of Social and Family Affairs may be necessary in this regard. At the same time enquiries are also made with the Garda Síochána to clarify if the applicant can be deemed to be of good character. There may also be circumstances in individual cases which require a greater level of investigation than other cases. Once all enquiries are completed, the file is referred to me for a decision. The Deputy will appreciate that these processes can take a lengthy time to complete.

The above procedures have been developed and refined over a number of years and I am satisfied that they are necessary to maintain the integrity of the naturalisation process. Consequently, having regard to the resources available, which are kept under constant review, there is a limit to the reduction in the processing time that can be achieved.

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