Cormac Devlin (Dún Laoghaire, Fianna Fail)
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290. To ask the Tánaiste and Minister for Justice and Equality the conditions necessary for a spouse of an Irish citizen to apply for citizenship, with particular reference to the Minister's powers to waive the residency requirement; and if she will make a statement on the matter. [45518/24]

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.

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 The legal provision that provided for post nuptial citizenship was repealed with effect from 30 November 2005.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 have been married to, or civil partners of each other, for a period of at least three years and are living together;
• and that the applicant has 3 years’ reckonable residence on the island of Ireland prior to making an application, with the final 12 months being continuous residence.

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

The Deputy should be aware that there is no automatic right or entitlement to have any of the statutory conditions waived, even where the applicant comes within the certain circumstances defined.

Officials in my Department are in the process of finalising guidelines, which will provide clarity to both applicants and decision-makers on what factors may be considered when deciding whether to waive such naturalisation conditions under section 16(1)(a) of the Act. These new guidelines are being developed in the interests of fair and transparent procedures and comprehensive decision making. Details of the new guidelines will be made publicly available once they have been finalised.

It is open to any individual to lodge an application for naturalisation if and when they are in a position to meet the statutory conditions as specified in the Irish Nationality and Citizenship Act 1956, as amended, and pay the appropriate fees.

Detailed information on how to apply for naturalisation is available on my Department's Irish Immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/ .