Written answers

Thursday, 14 June 2012

Department of Justice, Equality and Defence

Residency Permits

4:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 124: To ask the Minister for Justice and Equality the position regarding eligibility for residency entitlement to naturalisation in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [28880/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person referred to in the Deputy's question currently has permission to remain in the State until 18 October 2012.

I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the person concerned in March, 2006.

Section 15 of the Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in his absolute discretion, grant 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, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—

(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and

(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.

As the person referred to by the Deputy stated that he did not intend to have his usual or principal place of residence in the State after naturalisation, which is one of the statutory conditions for naturalisation, his application was deemed ineligible. The person concerned was informed of this in a letter dated 19 May 2006.

It is also open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended.

Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

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