The person referred to in the Deputy's question has been in the State since 1995. He was granted leave to remain in the State in 1997 and this has been renewed annually since. Section 15 of the Irish Nationality and Citizenship Act, 1956, as amended in 1986, provides that the Minister for Justice, Equality and Law Reform may, at his absolute discretion, grant a certificate of naturalisation, where statutory provisions are complied with. These provisions require that an applicant is of full age; is of good character; has had a period of one year's continuous residence in the State immediately before the date of the application and, during the eight years immediately preceding that period, has had a total residence in the State amounting to four years; intends in good faith to continue to reside in the State after naturalisation; and has made, either before a Justice 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.
Based on the information on file about the person referred to, it would appear that he is eligible to apply for a certificate of naturalisation. The fact that an application is accepted should not be taken as an indication that the application will be successful.
It may also be open to the person referred to make a declaration of post nuptial citizenship. Section 8 of the Act provides that a person who is not an Irish citizen may, following three years marriage to an Irish citizen, lodge a declaration accepting Irish citizenship as post-nuptial citizenship, provided that the marriage is subsisting at the date of lodgement of the declaration and the couple are living together as husband and wife and the spouse who is an Irish citizen submits an affidavit to that effect.