Frank Feighan (Sligo-Leitrim, Fine Gael)
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1141. To ask the Tánaiste and Minister for Justice and Equality if his officials have considered an application for citizenship by a person (details supplied) who was born in the United Kingdom but is married to an Irish citizen; and if he will make a statement on the matter. [1893/23]

Simon Harris (Wicklow, Fine Gael)
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My Department has no record of having received an application for naturalisation from the person referred to by the Deputy.

When applications for a certificate of naturalisation are received by the Citizenship Division of my Department, they are subject to an initial check/examination. Citizenship Division is currently completing these initial checks on applications received in August 2022. On completion of the initial checks, my Department will then contact the applicant to assign an application number and issue an acknowledgment to the address given at the time of making the application.

The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended, and all applications are processed in line with the eligibility criteria as set out under the Act. Each application is 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 with an Irish citizen. The legal provision that provided for post nuptial citizenship was repealed with effect from 30 November 2005.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) legal residence.

It is not clear if the person, details supplied, is currently residing in the State or in the United Kingdom. However, 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/.