Thursday, 21 October 2010
Department of Justice, Equality and Law Reform
I am not in a position by way of answer to a Parliamentary Question to indicate whether or not individual naturalisation or recognition of citizenship cases will succeed. The position generally in respect of the matter raised by the Deputy is as follows.
Section 6A of the Irish Nationality and Citizenship Acts 1956-2004 provides that a person born in the island of Ireland shall not be entitled to be an Irish citizen unless a parent of that person has, during the period of 4 years immediately preceding the person's birth, been resident in the island of Ireland for a period of not less than 3 years or periods the aggregate of which is not less than 3 years. The section does not apply to certain persons including those born to parents one of whom is at the time of the person's birth an Irish citizen, British citizen or a person entitled to reside without restriction. For the purpose of calculating reckonable residence under section 6A certain residence is excluded from consideration including unlawful residence, residence covered by a permission granted under Section 4 of the Immigration Act, 2004 for the purpose of study and residence covered by a provisional permission granted pending determination of an asylum application.
Parents may apply for a passport for a child to the Passport Office of the Department of Foreign Affairs on the basis that the child may have an entitlement to Irish citizenship. The Passport Office makes an assessment of the parent's reckonable residency through an examination of their permission stamps. If the parents do not have sufficient residency and the child does not have an entitlement to citizenship, then it will be open to the parent of the child to make an application for a certificate of naturalisation on their behalf under section 15 of the Act, when the child has 5 years reckonable residency in the State.