Bernard Durkan (Kildare North, Fine Gael)
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Question 199: To ask the Minister for Justice, Equality and Law Reform the procedures to be followed to facilitate citizenship in the case of a person (details supplied) in County Kildare; the stamp four status in respect of their spouse; and if he will make a statement on the matter. [17543/10]

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. The 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 persons concerned to lodge applications for certificates of naturalisation with the Citizenship Division of my Department if and when they are in a position to meet the statutory requirements.

In relation to the stamp 4 status of the person's spouse, I refer the Deputy to my reply to Parliamentary Question No 246 on Tuesday 27th April, 2010. The position remains as stated.