Jan O'Sullivan (Limerick East, Labour)
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Question 259: To ask the Minister for Justice, Equality and Law Reform if a student who has been here for five years, part of which time was spent in secondary school and part in third level, and whose parents do not live in the EU, can apply for naturalisation; and if he will make a statement on the matter. [18185/10]

Dermot Ahern (Louth, Fianna Fail)
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In the absence of details relating to a specific case, the Deputy will appreciate that I am unable to provide a definitive response. However, I can advise of the position generally. 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 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.