Written answers

Thursday, 19 January 2017

Department of Justice and Equality

Brexit Issues

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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70. To ask the Minister for Justice and Equality her plans to extend rights to citizenship to the spouses of Irish citizens resident in the United Kingdom in view of the impending effects of Brexit on these families; and if she will make a statement on the matter. [2360/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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There are no plans at this stage to amend the current laws relating to Citizenship arising from the UK decision to leave the EU, and which of course contain special provisions in relation to persons born in Northern Ireland.

The entitlement to Irish citizenship, as well as the conditions pertaining to a grant of citizenship through naturalisation, are governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. It is open to any individual to lodge an application for citizenship through naturalisation, if and when they are in a position to meet the statutory conditions as prescribed in the Act. The statutory 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.

Under Irish law it is possible for an Irish citizen to hold dual citizenship; the acquisition of Irish citizenship is not contingent on the renunciation of the citizenship of another jurisdiction. Detailed information on Irish citizenship and naturalisation, as well as the relevant application forms, is available on the INIS website at www.inis.gov.ie.

The spouse of an Irish citizen - whether resident in another EU or EEA Member State, or in a third country, is not prevented from residing with their Irish spouse should they wish to return to Ireland. It would not be in the interests of public policy, however, to introduce a provision in the law that would automatically bestow citizenship on a person simply because he or she is married to an Irish citizen.

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