Michael Creed (Cork North West, Fine Gael)
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Question 206: To ask the Minister for Justice, Equality and Law Reform if his Department will consider an application for citizenship by a person (details supplied) in County Cork by virtue of a post-nuptial declaration of Irish citizenship as they were married prior to 30 November 2002; and if not, the way an application for Irish citizenship can be pursued. [12576/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The closing date for receipt of applications for Post Nuptial Citizenship was 29 November 2005 and it is not possible to make an exception for any application received after that date. However, 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. 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 three 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 years continuous residency on 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 State amounting to two 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

Further information and the relevant application form is available on this Department's website, www.justice.ie. Should the person concerned have any further query, the Citizenship section operates a telephone helpline on Tuesday and Thursday mornings from 10.00 a.m. to 12.30 p.m. and can be contacted on (01) 616 7700 or Lo-Call 1890 551 500.

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 207: To ask the Minister for Justice, Equality and Law Reform if an applicant can have an application for naturalisation considered if they repay the Department of Social and Family Affairs all payments which they received in the three years prior to their application for naturalisation; and if he will make a statement on the matter. [12597/08]

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 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 absence of details relating to a specific case, the Deputy will appreciate that I am unable to provide a definitive response in relation to the issue raised. However, I can advise that an applicant for naturalisation would be expected to be financially self sufficient and non-reliant on public funds.