Charles 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 not possible to provide a definitive response to queries such as this as the individual circumstances of each case can be different.  For example, if the children of the naturalised father were born after he became an Irish citizen, they would be eligible to apply for an Irish passport through the Department of Foreign Affairs and Trade as Irish citizens. 

On a general note applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act.  As the Deputy will appreciate, a determination on whether an applicant satisfies the statutory criteria can only be made after an application is received.

In general, eligibility for a certificate of naturalisation is based either on Section 15 or Section 16 of the Act. Section 15 requires, among other conditions, that minimum periods of residency in the State are met.  These periods are reduced in respect of a spouse of an Irish national.  

Under Section 16, it is also open to make an application on the basis of Irish association. In such cases, the Minister may in his or her absolute discretion waive the conditions for naturalisation set out under the Act, including residency. The onus is on the applicant to provide evidence of Irish association to the Minister for consideration. 

Detailed information on Irish citizenship and naturalisation, including in respect of children, is available on the Immigration Service website at ww.inis.gov.ie. 

Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service 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 is, in the Deputy’s view, inadequate or too long awaited.

Michael Healy-Rae (Kerry, Independent)
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588. To ask the Tánaiste and Minister for Justice and Equality the status of a citizenship application by a person (details supplied); and if he will make a statement on the matter. [35388/19]

Charles Flanagan (Laois, Fine Gael)
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I am advised by the Immigration Service of my Department that an application for a certificate of naturalisation was received from the person referred to by the Deputy on 19 February 2019. Processing of this application is on-going, with a view to establishing whether the conditions for naturalisation, such as good character and lawful residence, are satisfied. 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.

In relation to applications for citizenship, I am aware that the recent judgment of the High Court relating to continuous residency under Section 15(1)(c) of the Irish Nationality and Citizenship Act, 1956 (as amended) has given cause for concern. The matter remains before the courts with the lodgement of an appeal before the Court of Appeal and is therefore sub-judice. I can, however, assure the Deputy that my Department is continuing to work on finding solutions to the situation as quickly as possible. The best interests of both current and future applicants are foremost in these considerations and on 25 July 2019 I obtained Cabinet approval for the drafting of a Bill, which seeks to resolve the issue.  My officials are working with the Office of Parliamentary Counsel in the Attorney General’s Office to have a bill drafted on an urgent basis and be brought before the Houses of the Oireachtas as quickly as possible on resumption of business in mid-September. Further updates, as they become available, will be posted on the Immigration Service website. Once a solution is in place, if any additional information is required, applicants will be contacted as part of the processing of the application.

Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service 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 is, in the Deputy’s view, inadequate or too long awaited.