Written answers

Tuesday, 15 September 2020

Department of Justice and Equality

Citizenship Applications

Photo of Niall CollinsNiall Collins (Limerick County, Fianna Fail)
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574. To ask the Tánaiste and Minister for Justice and Equality the status of an application by a person (details supplied); and if she will make a statement on the matter. [23368/20]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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An application for naturalisation in relation to the person referred to is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision in due course.

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.

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 as well as international level.  It is therefore important that appropriate procedures are in place to ensure that the integrity of the regime for granting Irish citizenship through the naturalisation process is held in high regard both at home and internationally. These procedures are continually evolving arising from, for example, service improvements due to the introduction of new technology and updated work practices.

The nature of the naturalisation process is such that, for a broad range of reasons, some cases can take longer than others to process.  Additional security checks can result in some applications taking longer than this average timescale. Such checks are fundamental to maintaining the legitimacy of the naturalisation process both nationally and internationally.

In addition, processing timescales can be impacted due to incomplete applications having to be returned, further documentation being required from the applicant, or where payment of the required certificate fee is awaited, or the applicant has not been engaging with the Immigration Service Delivery of my Department. Sometimes the input of several government agencies, both within and without this jurisdiction is needed and the request and receipt of information from these sources can result in delays in processing some applications. In other instances issues can arise at the final stage of the naturalisation process, for example, where additional information comes to light which requires to be considered before a final decision is taken.  

Processing times have increased in the last number of years due to the introduction of increased checks, the impact of judicial challenges such as the Jones case in 2019, and the volume of applications received.

If the applicant has a query in respect of their application, they can contact the Citizenship Division directly at citizenshipinfo@justice.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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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575. To ask the Tánaiste and Minister for Justice and Equality the progress to date in the determination of an application for postnuptial citizenship in the case of a person (details supplied); the status of the application; and if she will make a statement on the matter. [23392/20]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The law governing post-nuptial citizenship in Ireland was set out in Section 8 of the Irish Nationality and Citizenship Acts 1956 as amended. However, since 29 November 2005, these provisions were ended and consequently it is no longer possible to make a declaration of post-nuptial citizenship based on marriage to an Irish citizen. Any declarations which were made prior to this date have been completed.

Any declarations received after 29 November 2005 were returned. The information supplied suggest that the declaration was completed by the person in 2006. Such an application would not have been accepted and should have been returned to the person concerned. Furthermore, the Citizenship Division of my Department have advised that they have no record of the person concerned on their system.

It is open to the person concerned to make an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. In the case of a non national applicant who is the spouse of an Irish citizen those conditions are that the applicant must:

(a) be of full age

(b) be of good character

(c) be married to the Irish citizen for at least 3 years

(d) be in a marriage recognised under the laws of the State as subsisting

(e) be living together as husband and wife with the Irish spouse

(f) have had a period of one year's continuous residency in the island of Ireland immediately before the date of the application and,

(g) during the four years immediately preceding that period, have had a total residence in the island of Ireland amounting to two years.

(h) intend in good faith to continue to reside in the island of Ireland after naturalisation.

(i) have made, either before a Judge of the District Court in open court or in such a manner as the Minister, for special reasons allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State.

Further information and the necessary application forms can be found on the website of the Immigration Service www.inis.gov.ie.

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