Billy Timmins (Wicklow, Fine Gael)
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Question 127: To ask the Minister for Justice, Equality and Law Reform the position regarding a person (details supplied) in County Wicklow; and if he will make a statement on the matter. [8223/10]

Dermot Ahern (Louth, Fianna Fail)
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The Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister for Justice, Equality and Law Reform 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-Irish 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 3 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.

Section 16 of the Irish Nationality and Citizenship Act, 1956, as amended provides that I can exercise my absolute discretion to waive some or all of the statutory requirements for naturalisation in certain circumstances, e.g. where the applicant is of Irish descent or Irish associations, where the applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees or where the person is the spouse of an Irish citizen or a naturalised person. It is open to the person concerned to lodge an application for a certificate of naturalisation with the Citizenship Division of my Department if and when they are in a position to meet the statutory requirements. Further details and forms are available on the Irish Naturalisation and Immigration Services website at http://www.inis.gov.ie.