Joe Carey (Clare, Fine Gael)
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Question 362: To ask the Minister for Justice and Law Reform the reasons for the invocation of the one year residency clause under the Irish Nationality and Citizenship Act 2005 when two EU citizens, one Irish are married and live in another EU member state; and if he will make a statement on the matter. [36213/10]

Dermot Ahern (Louth, Fianna Fail)
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The Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister for Justice 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; and 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 in question 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.