Bernard Durkan (Kildare North, Fine Gael)
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Question 168: To ask the Minister for Justice, Equality and Law Reform the current or expected position in regard to eligibility for citizenship and residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [4125/09]

Dermot Ahern (Louth, Fianna Fail)
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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;

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 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;

It is open to the person concerned to lodge an application if and when they are in a position to meet the statutory requirements applicable at that time.

I am informed by the Immigration Division of my Department that the person in question has not made an application for Long Term Residency.