Written answers

Tuesday, 30 May 2017

Department of Justice and Equality

Naturalisation Eligibility

Photo of Niall CollinsNiall Collins (Limerick County, Fianna Fail)
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132. To ask the Tánaiste and Minister for Justice and Equality if she will address a matter relating to a person (details supplied); the advice which can be provided; and if she will make a statement on the matter. [25843/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The granting of Irish citizenship through 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 statutory conditions are that the applicant must -

- be (i) of full age, or (ii) a minor born in the State,

- 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.

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 (defined as being related by blood, adoption or affinity to a person who is or is entitled to be an Irish citizen); where an applicant is a person who is a refugee within the meaning of the UN Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the UN Convention relating to the Status of Stateless persons. There is no right or entitlement to have any of the conditions waived even where the applicant comes within the certain circumstances outlined, it is entirely at the Minister's discretion.

It is open to any individual to lodge an application for a certificate of naturalisation if and when they are in a position to meet the statutory requirements as prescribed in the Act. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received and I understand no application for naturalisation has been received on behalf of the individual concerned.

All applications are processed and assessed individually in accordance with the provisions of the Act. It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time. As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

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.

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