John Halligan (Waterford, Independent)
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130. To ask the Minister for Justice and Equality if there is a mechanism which would allow a non-national spouse of an Irish citizen resident here to continue working freely within the EU without the need to constantly apply for visas for various Schengen countries; if she can use her discretional powers, as provided for in legislation, to grant an Irish passport based on the exceptional circumstances in a case (details supplied); and if she will make a statement on the matter. [34415/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that in relation to the situation outlined by the Deputy, immigration controls, including visa requirements, for other jurisdictions is not a matter over which my Department has any input or control.

As the Deputy will appreciate, the starting point for any immigration scheme based in domestic law is for the applicant to be residing in the State. Until such time as the people concerned are actually residing in the State it is not possible to advise them on the best course of action open to them.

In relation to applications for citizenship, the granting of an application for a certificate of naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. Section 15 of the Act provides that the Minister may, in her 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 further 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.

Section 15A provides that, notwithstanding the above, where the application is in relation to naturalisation of the spouse or civil partner of an Irish citizen the requirements are, inter alia, that the couple are married or civil partners to each other for a period of at least 3 years and are living together and, immediately before the date of application, have a period of one year's continuous residence in the island of Ireland and, during the preceding four years, have a further period amounting to 2 years (i.e. 3 years in total). Section 15A(2) provides that the Minister may, in her absolute discretion waive some of the conditions in relation to an application from a spouse or civil partner of an Irish citizen if she is satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship. There is no right or entitlement to have any of the conditions waived, it is entirely at the Minister's discretion.

It is 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. Detailed information on Irish citizenship and naturalisation is available on the INIS website at ww.inis.gov.ie. The website also contains an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the residency requirements are met.

Responsibility for the issue of an Irish passport to Irish citizens is a matter for the Department of Foreign Affairs and Trade.