Robert Troy (Longford-Westmeath, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

241. To ask the Tánaiste and Minister for Justice and Equality the steps that an applicant must undergo in applying for naturalisation; and if there is provision for an applicant of UK origin who is married to an Irish citizen, has been resident in the State for over 25 years and has an Irish born child to apply for naturalisation without paying the €2,000 application fee. [17693/19]

Charles Flanagan (Laois, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended.  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 his 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, or a minor born in the State,

- 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.

Thus, the category of applicants referred to in the question would appear to meet the residence requirements as outlined above.  

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 include 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 his absolute discretion, waive some of the conditions in relation to an application from a spouse or civil partner of an Irish citizen if he is satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship. 

It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory conditions as prescribed in the Irish Nationality and Citizenship Act 1956, as amended.

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. It would appear that this applicant would be applying as a standard adult applicant or as the spouse of an Irish national. In neither scenario will the application and certification fee combined amount to more than €1,125.

As such, the Regulations make specific provision for particular categories of applicants who may be on a reduced level of income and there is no information available to either myself or Departmental officials that in general, the level of fees is discouraging people from applying for naturalisation. 

There is no provision in the Regulations for the discretionary waiver or reduction of fees, or for differing fees to apply to different nationalities, or based on length of residency.     

The standard fees payable by an applicant are designed to reflect the effort and cost involved in processing applications for a certificate of naturalisation.  The Deputy will be aware that formal citizenship ceremonies have been introduced at no extra cost to applicants. These have been universally well received by participants as the ceremonies provide a sense of dignity and occasion that serves to underscore the importance to both the State and the applicant of the granting of Irish citizenship.

Detailed information on Irish citizenship and naturalisation, along with the relevant application forms and guidance notes, is available on the INIS website at ww.inis.gov.ie.