Written answers

Tuesday, 28 February 2017

Department of Justice and Equality

Naturalisation Applications

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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121. To ask the Minister for Justice and Equality the correct form to be used to apply for naturalisation in the case of a widow of an Irish national that previously had residency permission on the basis of their now deceased husband; the appropriate heading under which such an application should be submitted; and if she will make a statement on the matter. [9774/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The appropriate application form for a certificate of naturalisation by a person of full age, including a person in circumstances as outlined by the Deputy, is Form 8.

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 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.

It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the all the statutory requirements.Detailed information on Irish citizenship and naturalisation is available on the INIS website at www.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.

Section 16 of the Act provides that the Minister may, in her 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. There is no right or entitlement to have any of the conditions waived, it is entirely at the Minister's discretion.

The Deputy may wish to note that 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 established specifically 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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