Written answers

Tuesday, 7 June 2011

Department of Justice, Equality and Defence

Citizenship Applications

9:00 pm

Photo of Aodhán Ó RíordáinAodhán Ó Ríordáin (Dublin North Central, Labour)
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Question 272: To ask the Minister for Justice and Equality the legal status of a child born in this country to Chinese parents who are here on study visas. [14288/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Foreign national children under the age of 16 are not required to register with the Garda National Immigration Bureau. Prior to 1 January 2005 a child born on the island of Ireland was automatically entitled to Irish citizenship. Since January 2005 the status of a child born to non-Irish parents is dependent on the residency status of the parents. Section 6A of the Irish Nationality and Citizenship Act 1956, as amended by Section 4 of the Irish Nationality and Citizenship Act 2004, provides that a person born on the island of Ireland is entitled to Irish nationality if a parent of that person has been resident on the island of Ireland for an aggregate of at least three years during the four year period immediately preceding the person's birth.

However, Section 6B(4) provides that periods of residence by a parent on foot of a permission to study shall not qualify as eligible residence under Section 6A. Consequently children born after 1 January 2005 to foreign national parents resident in Ireland as students are not eligible for Irish citizenship.

Photo of Aodhán Ó RíordáinAodhán Ó Ríordáin (Dublin North Central, Labour)
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Question 273: To ask the Minister for Justice and Equality the position regarding a visa application in respect of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [14291/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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A valid application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in July, 2008. The application is at an advanced stage of processing and will be finalised as expeditiously as possible.

As I outlined in response to Parliamentary Question Number 69 of 7 April last, I can inform the Deputy that I have initiated steps within my Department to provide for speedier processing of applications to bring about a substantial reduction in the processing timescale. The new arrangements will be publicly announced once my Department is in a position to implement them.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by e-mail 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.

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