Neale Richmond (Dublin Rathdown, Fine Gael)
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1085. To ask the Tánaiste and Minister for Justice and Equality if a Filipino citizen who is married to an Irish citizen but is residing in the Philippines can apply for Irish citizenship; and if he will make a statement on the matter. [63705/22]

Simon Harris (Wicklow, 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.

There are no provisions for the spouse or partner of an Irish citizen to acquire Irish citizenship solely by virtue of a marriage or civil partnership. The legal provision that provided for post nuptial citizenship was repealed with effect from 30 November 2005.

Section 15A of the 1956 Act sets out the conditions that apply where the application is based on being the spouse or civil partner of an Irish citizen. The requirements are: that the couple are married or civil partners to each other for a period of at least three years and are living together, and that immediately before the date of application, they 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 two years (i.e. three years in total).

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 and pay the appropriate fees.

Detailed information on Irish citizenship and the naturalisation process, along with the relevant application forms and guidance notes, is available on my Department's Irish Immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/.

Please also be advised that it is open to a person to create a visa application at any time to travel to the State . Visa applications must be made using our online facility (link provided) www.visas.inis.gov.ie/avats/OnlineHome2.aspx.

Upon creating an online visa application, the summary sheet must be printed and signed by the applicant and then submitted to the relevant Visa Office, along with supporting documentation & the relevant fee, within 30 days. Only upon receipt of the necessary documentation & fee, can the visa application be processed.

The onus, as in all cases, is on the applicant to satisfy the Visa Officer that a visa should be granted. Applicants are advised not to pay for airline or other travel tickets without having first been issued with a visa.

The following pages on the Irish Immigration website may be of some assistance when creating a visa application;

www.irishimmigration.ie/coming-to-join-family-in-ireland/.

www.irishimmigration.ie/wp-content/uploads/2021/04/Policy-document-on-Non-EEA-family-reunification.pdf.

www.irishimmigration.ie/coming-to-visit-ireland/.