Niamh Smyth (Cavan-Monaghan, Fianna Fail)
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279. To ask the Tánaiste and Minister for Justice and Equality the way that a person can apply for citizenship though an Irish relative; if she will outline the process involved; and if advice will be provided on this matter (details supplied). [45251/22]

Helen McEntee (Meath East, 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. 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 sets out the statutory conditions that must be fulfilled for a certificate of naturalisation to be granted.

Section 16 of the Act gives me, as Minister, discretion to waive the statutory conditions in certain circumstances, including where the applicant is of Irish descent or Irish associations (defined as related through blood, affinity or adoption to a person who is or is entitled to be an Irish citizen).

Any application under Section 16 that relies on Irish associations and affinity should be supported by substantive documentation supporting the claim, documentation that in the view of the Minister renders the application exceptional and one where the normal pathways to citizenship provided for under the legislation are not appropriate.

Applications for naturalisation are often received where the applicant seeks the Minister to exercise absolute discretion under Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, to waive the statutory conditions on the basis of Irish descent or Irish associations going back two, three or indeed more generations. An association going back two generations without any other link to the State is generally considered as not sufficient to warrant consideration or the waiving of the statutory residence conditions.

Applicants who seek to avail of the discretion provided under Section 16 of the Act are expected to have a reasonable period of lawful residence in the State, generally around 3 years, to show they have some substantial and tangible connection with Irish society and the State. An Irish association through a great-grandparent, (or a grandparent where that grandparent obtained citizenship through naturalisation) and where there is no, or negligible, reckonable residency would generally be deemed insufficient to warrant recommending the Minister exercise absolute discretion to waive the statutory conditions under Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, and may result in a refusal.

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.

Detailed information on the citizenship application process including relevant forms and an eligibility guide are available on my Departments Immigration Services website at and www.irishimmigration.ie/wp-content/uploads/2019/12/Irish-Citizenship-Eligibility-Guide.pdf

Additionally, persons born outside of Ireland who have an Irish national grandparent born in Ireland may obtain Irish citizenship, subject to certain criteria being met, through registration in the Foreign Births Register which is maintained by Department of Foreign Affairs, for more information please see: www.dfa.ie/citizenship/born-abroad/registering-a-foreign-birth/