Dáil Éireann Debate, Tuesday - 10 July 2012
367 Deputy Eric Byrne asked the Minister for Justice and Equality the position regarding an application in respect of a person (details supplied) in Dublin 20; and if an exemption was based on the facts outlined will be accepted; and if he will make a statement on the matter. [33304/12]
View answerSection 6A of the Irish Nationality and Citizenship Act 1956 as inserted by section 4 of the Irish Nationality and Citizenship Act 2004 provides that a person born in the island of Ireland shall not be entitled to be an Irish citizen unless a parent of that person has, during the period of 4 years immediately preceding the person's birth, been resident in the island of Ireland for a period of not less than 3 years or periods the aggregate of which is not less than 3 years. The section does not apply to certain persons including those born to parents one of whom is at the time of the person's birth an Irish citizen, British citizen or a person entitled to reside without restriction. For the purpose of calculating reckonable residence under section 6A certain residence is excluded from consideration including unlawful residence, residence covered by a permission granted under Section 4 of the Immigration Act 2004 for the purpose of study and residence covered by a provisional permission granted pending determination of an asylum application.
Applicants for certificates of naturalisation are required to provide evidence that they were resident and that they had the permission of the Minister to remain in the State for the prescribed period. Periods for which an applicant did not have the permission of the Minister and periods for which permission granted for the purpose of study are not reckonable for the purpose of satisfying the residency requirements.
Upon application for a passport, the Passport Office of the Department of Foreign Affairs assesses the child's entitlement to citizenship based upon the parent's reckonable residency. If the parents do not have sufficient residency the child does not have an entitlement to citizenship. It remains open to the parent of the child to make an application for a certificate of naturalisation on their behalf under section 15 of the 1956 Act when the child has 5 years reckonable residency in the State.
