James Bannon (Longford-Westmeath, Fine Gael)
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133. To ask the Minister for Foreign Affairs and Trade if he will provide an update on the progress of a passport application in respect of a person (details supplied) in County Meath; and if he will make a statement on the matter. [37221/14]

Charles Flanagan (Laois-Offaly, Fine Gael)
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For children born in Ireland on or after 1 January 2005, entitlement to an Irish passport is governed by the terms of the Irish Nationality and Citizenship Act 1956 as amended (the Act). Section 6A provides that persons born in the State on or after 1 January 2005, where neither parent is Irish or British citizen or otherwise entitled to reside in the State or Northern Ireland without restriction, may claim citizenship by birth in the State (and thereby establish eligibility for an Irish passport) only where a parent has been lawfully resident in the State for three years of the four years proceeding their birth.

The 2004 amendment of the Act made particular provision for nationals of EU member States, who may make a declaration concerning their residence in the island of Ireland within the four years preceding their children’s birth. In such cases, the EU national is regarded as having resided in the island of Ireland for the declared purposes of the Act, unless the contrary is proved. It is a requirement in passport applications that these declarations are supported by verifiable evidence (i.e. tax and social welfare documents, bank statements, utility/ phone bills) of the person’s residence in the state. Two items of such evidence are generally required.

The applicant’s parents are Romanian. Romania entered the EU on 01 January 2007. Prior to 01 January 2012 there were restrictions on Romanian nationals in the labor market. Consequently, the Department of Justice and Equality have advised that work permits are required for Romanian nationals who entered Ireland after 01 January 2007, in addition to the standard documentation required.

This restriction to the Irish labor market, which was dropped from 01 January 2012, meant that these nationals, if employed as workers, required work permits in order for their residence in the State to be considered legal and thus reckonable for the purpose of Section 6A of the Act. This is particularly relevant in terms of demonstration of the entitlements of the applicant to Irish citizenship and thereby to an Irish Passport.

The applicant was born in this State in 2014. The applicant’s entitlement to Irish citizenship is governed by the Irish Nationality and Citizenship Act 1956, as amended (the 1956 Act). This Act was amended in 2004. As the applicant’s parents are Romanian citizens, section 6A of the 1956 Act requires that at least one of them has to be lawfully resident in the State for three of the four years preceding their child’s date of birth. Moreover, section 6B(2) of the 1956 Act, makes particular provision for a parent who is an EU national, that a declaration of residence must be supported by the submission of the parent’s relevant documentation such as EU passports, Tax documents, Irish drivers license etc.

Upon receipt of a passport application for this minor, the applicant’s father was notified that in order for his child to qualify for an Irish passport, it would be necessary to submit documentary evidence of his residence history in the State. As a Romanian national who was in employment in the State before 1 January 2012, the applicant’s father was also required to submit a copy of the work permit issued to him by the Department of Enterprise, Trade and Employment predating the evidence of employment submitted in support of his daughter’s application.

He was notified by the Department by letter on 17 July 2014 that the additional documentation was required to be submitted, in order for the Passport Office to progress the application. The Passport Office has not received any correspondence on this matter, to date.