Leo Varadkar (Dublin West, Fine Gael)
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Question 535: To ask the Minister for Justice, Equality and Law Reform if he will bring forward an amendment to legislation to allow people to apply for naturalisation or long-term residency if they have been here for five years and to address the anomaly whereby they cannot leave the country for a short time; and if he will make a statement on the matter. [19841/08]

Dermot Ahern (Louth, Fianna Fail)
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With regard to proposed legislation, I would draw the Deputy's attention to the Immigration, Residence and Protection Bill 2008, which is currently at Committee Stage in the House. Section 36 of the Bill contains proposals for the Introduction of a statutory long-term resident status based on a number of standard eligibility requirements including a requirement that the applicant have at least five years satisfactory residence in the State. Applications in relation to the current administrative scheme for long term residency are considered in respect of persons who have resided legally in Ireland for a period of time in excess of 60 months on the basis of a Work Permit, Work Authorisation or Working Visa. In calculating the reckonable period of 60 months residence, consideration is given only to time spent in the State legally on work permit conditions. Short absences from the country, such as for holidays or business travel, would not prejudice an application.

With regard to naturalisation, section 15 of the Irish Nationality and Citizenship Act 1956, as amended, requires that an applicant for a certificate of naturalisation has had a period of one year's continuous residence in the State immediately before the date of application and, during the eight years immediately preceding that period, has had a total residence in the State amounting to four years. Applicants must also intend to have their usual or principal place of residence in the State after naturalisation.

Should the applicant fulfil the aforementioned criteria, his / her application will move to be processed. During the processing stage, while it may not be deemed prejudicial to the application should the applicant wish to leave the State for short periods, each case is considered individually. In circumstances where the person in question does wish to leave the State while his / her application is being processed, he / she should notify the Citizenship section of my Department of the dates of travel and the reasons for same.