Written answers

Tuesday, 24 April 2018

Department of Justice and Equality

Naturalisation Applications

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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292. To ask the Tánaiste and Minister for Justice and Equality if a decision in respect of a naturalisation application by a person (details supplied) will be reviewed in view of the exceptional circumstances that apply; and if he will make a statement on the matter. [17953/18]

Photo of Charles FlanaganCharles Flanagan (Laois, 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. 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 conditions for naturalisation prescribed in the Act. The statutory residence conditions are that the applicant must have a period of 1 year's continuous residence in the State immediately before the date of application and, during the 8 years immediately preceding that period, have had a further total residence amounting to 4 years (in the case of an application based on being the spouse or civil partner of an Irish citizen the Act reduces this further period to 2 years during the preceding 4 years). 

Where an applicant is found to be non-resident for substantial periods of time such periods will not be reckonable for the purposes of fulfilling the statutory residency conditions for naturalisation stipulated in the Act. This is of particular importance with regard to the requirement to have 1 year’s continuous residence in the State immediately prior to the date of application, and may also mean the requirement of total residence is not met. The guidance notes attached to the application form inform applicants that arrangements for assessment of residence are on the basis that the person is physically resident in the State for the required period of time and that where there are significant absences from the State the application may be refused. A reasonable and generous period of up to 6 weeks is allowed to provide for absences from the State for normal holidays and other short term and temporary nature absences, such as for a family bereavement or medical emergency, and such short term nature absences from the State would not impact on the statutory residence requirement. Some further discretion may be allowed where there are wholly exceptional or unavoidable circumstances.

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application for naturalisation in respect of the person referred to by the Deputy is being reviewed in light of additional information supplied by the applicant. Following correspondence from the individual concerned on 19 April 2018, a letter issued to her on 20 April 2018 requesting certain information. Upon receipt of the requested information the case will be further processed and will be submitted to me for decision as expeditiously as possible.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established 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 the INIS is, in the Deputy’s view, inadequate or too long awaited.

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