Paul Kehoe (Wexford, Fine Gael)
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Question 356: To ask the Minister for Justice and Law Reform the rights and entitlements of a person (details supplied); and if he will make a statement on the matter. [38749/10]

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-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

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.

The granting of Irish Citizenship through naturalisation is a privilege and an honour and not an entitlement. Applications must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.

It is open to the person in question to lodge an application for a certificate of naturalisation if and when she is in a position to meet the statutory requirements. Application forms and information on the statutory requirements in relation to an application for a certificate of naturalisation are available on the Irish Naturalisation and Immigration Services website at www.inis.gov.ie.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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Question 357: To ask the Minister for Justice and Law Reform if he will consider correspondence (details supplied); and if he will make a statement on the matter. [38990/10]

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

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.

The Minister may, in his absolute discretion, waive the statutory conditions where the application is of Irish descent or Irish associations. Irish associations is defined as meaning related by blood, affinity or adoption to a person who is an Irish citizen. However, this provision is not applicable in this case.

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.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.