Michael Creed (Cork North West, Fine Gael)
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Question 518: To ask the Minister for Justice, Equality and Law Reform if he will clarify the situation regarding residency, entitlement to citizenship and naturalisation of the spouse of a British citizen who is a non-EU passport holder; and if he will make a statement on the matter. [23661/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled.

These conditions are that the applicant must—

be of full age, or by way of exception, be a minor born in the State

be of good character

have 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, have had a total residence in the State amounting to four years

intend in good faith to continue to reside in the State 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.

In the context of naturalisation, certain periods of residence in the State are excluded. These include—

periods of residence in respect of which an applicant does not have permission to remain in the State

periods granted for the purposes of study

periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act, 1996.