Noel Grealish (Galway West, Independent)
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32. To ask the Minister for Justice and Equality if a UK citizen, resident here since 1960 and married to an Irish Citizen now deceased in excess of 20 years, would qualify for a passport based on their marriage; and if not, the options open to this person to qualify for an Irish passport. [18852/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The issuing of a passport is a matter for the Department of Foreign Affairs and Trade and is contingent on the person being an Irish citizen.

It is open to any individual who is not an Irish citizen to lodge an application for Irish citizenship through naturalisation 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, which governs the granting of Irish citizenship through naturalisation. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.

Section 15 of the Act provides that the Minister may, in her absolute discretion, grant an application for a certificate of naturalisation if satisfied that 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 based on being 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.

The fees to be paid by an applicant for a certificate of naturalisation are governed by the provisions of the Irish Nationality and Citizenship Regulations 2011 (S.I. No. 569 of 2011). The application fee, stipulated at €175, is payable on application for a certificate of naturalisation and a certification fee is payable on the issue of a certificate of naturalisation.

The standard certification fee is set at €950, while a reduced fee of €200 applies in the case of an application made on behalf of a minor or in certain cases where the application is made by a widow, widower or surviving civil partner of an Irish citizen. In the case of recognised refugees and stateless persons the certification fee is nil. There is no provision for the discretionary waiver or reduction of fees.

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 website also contains guidance on the completion of an application for naturalisation and an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the residency requirements are met. The appropriate application form for a certificate of naturalisation by a person of full age, including a person in circumstances outlined by the Deputy, is Form 8.