Brendan Howlin (Wexford, Labour)
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Question 119: To ask the Minister for Justice, Equality and Law Reform if it is possible for the Australian spouse of an Irish national, who lives with their spouse in Australia, to become a naturalised citizen of Ireland without residing here; and if he will make a statement on the matter. [5353/09]

Dermot Ahern (Louth, 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. 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 a period of not less than 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 year's continuous residency in 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 island of Ireland amounting to two years; intend in good faith to continue to reside in the island of Ireland 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.

It is open to the person concerned to lodge an application for a certificate of naturalisation with my Department if and when they are in a position to meet the statutory requirements applicable at that time.