Vol. 568 No. 3
104 Mr. Durkan asked the Minister for Justice, Equality and Law Reform when a passport and extended visa will be returned to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [16321/03]
A declaration accepting Irish citizenship as post-nuptial citizenship was made by the person referred to on 2 September 2002 and lodged in the citizenship section of my Department.
Section 8 of the Irish Nationality and Citizenship Act 1956, as amended in 1986 and 2001, provides that a non-national is entitled to lodge such a declaration following three years of marriage to an Irish citizen who is Irish other than by naturalisation, post-nuptial citizenship or honorary citizenship.
The declaration and its associated papers were examined in the citizenship section of my Department some weeks ago and it was observed that the Irish spouse of the person concerned had obtained Irish citizenship through registration in the foreign births register on 16 July 2001. As a result, the person concerned will not be entitled to make a declaration of post-nuptial citizenship until 16 July 2004 at the earliest, by which time she will have been married to an Irish citizen for the required three years.
A letter setting out the position was sent to the person concerned on 15 May last and all supporting documentation submitted with the declaration was returned at that time. I understand that a copy of this letter was sent to the Deputy at the same time.
