Written answers

Wednesday, 18 September 2013

Department of Justice and Equality

Passport Applications

Photo of Andrew DoyleAndrew Doyle (Wicklow, Fine Gael)
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985. To ask the Minister for Justice and Equality if a person (details supplied) is entitled to apply for an Irish passport; and if he will make a statement on the matter. [37545/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The laws governing entitlement to Irish citizenship are specified in the Irish Nationality and Citizenship Act 1956, as amended. Where a person is not born in the island of Ireland, they may have an entitlement to Irish citizenship if they are of Irish descent and certain requirements are satisfied. Persons with an entitlement to Irish citizenship can make an application for an Irish passport to the Passport Office or, if abroad, to their nearest Diplomatic and Consular Mission.

A foreign national spouse or civil partner of an Irish citizen may also be able to acquire Irish citizenship through naturalisation.

Section 15 of 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; intend in good faith to continue to reside in the State after naturalisation; 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.

A foreign national who is married to, or is the Civil Partner of, an Irish citizen for at least three years may apply for naturalisation under section 15A of the Irish Naturalisation and Citizenship Act 1956, as amended where, inter alia, they have been continuously resident in the island of Ireland for the year immediately prior to the date of their application and for two out of the four years prior to that year. The marriage or civil partnership must be subsisting and recognised under Irish law. Section 15A provides that the Minister may waive certain conditions for naturalisation if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.

Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons.

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