Vol. 537 No. 4
140 Mr. Allen asked the Minister for Justice, Equality and Law Reform the procedures which have to be followed by the wife of a Chinese gentleman, who in 2000, received citizenship in order to receive permanent residency and citizenship. [16368/01]
On the assumption that the person referred to by the Deputy obtained Irish citizenship through naturalisation, I have set out below the legislative position regarding the naturalisation of the spouse of a naturalised Irish citizen.
Section 15 of the Irish Nationality and Citizenship Act, 1956 as amended in 1986, provides that I may, in my absolute discretion, grant a certificate of naturalisation if I am satisfied that the 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 manner as the Minister, for special reasons, allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State.
Section 16 (d) of the said Act further provides that I may, in my absolute discretion, grant a certificate of naturalisation, although the conditions for naturalisation, or any of them, are not complied with in the case of an applicant who is married to a naturalised Irish citizen. It will be necessary for the spouse to complete the statutory application form and submit some supporting documentation. The application form can be obtained from the citizenship section of my Department.
There is no provision in Irish immigration law for permanent residency but I understand from officials in the immigration division of my Department that long-term permission to reside in the State as the spouse of an Irish citizen will usually be granted.
