Dáil Éireann Debate, Wednesday - 16 January 2013
810. Deputy Nicky McFadden asked the Minister for Justice and Equality if he will consider a waiver in relation to the requirement for period of residence outside the State under the Irish Nationality and Citizen Act 2004, in view of the person's (details supplied) employment with the United Nations; if their employment as an Irish citizen will be considered as public Service on an exceptional basis; and if he will make a statement on the matter. [1818/13]
View answerSection 15A of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, grant the application for a Certificate of Naturalisation to the non-national spouse or civil partner of an Irish citizen if satisfied that the applicant has, inter alia, had a period of one year's continuous residence in the State immediately before the date of the application; had, during the 4 years immediately preceding that period, a total residence in the island of Ireland amounting to 2 years; and intends in good faith to continue to reside in the island of Ireland after naturalisation.
Any period of residence outside the island of Ireland, during which the applicant for a certificate of naturalisation to which this section applies was married to or in a civil partnership with and living with his or her spouse/civil partner who is in the public service, shall be reckoned as a period of residence in the island of Ireland for the purposes of calculating residence under Section 15A. The Act defines “Public service” when used in relation to the employment of a person as employment in the service of the Government, whether or not in the civil service, or in the service of any public corporation or authority maintained wholly or partly out of public funds or in respect of which a Minister of State is responsible. Where this is the case, the requirement to intend to reside in the State after naturalisation is not applicable.
I have asked the immigration service of my Department to examine the particular circumstances of the case referred to by the Deputy and my officials will be in contact with the Deputy in due course.
