Dáil Éireann Debate, Thursday - 21 November 2013
174. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency status or eligibility to apply for naturalisation or both in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [50090/13]
View answerI refer to my reply to Parliamentary Question No. 518 of 19 November, 2013 which is set out below.
The person concerned was granted temporary permission to remain in the State on 8 November, 2005 for an initial two year period, under the revised arrangements applicable to the non-EEA national parents of Irish born children born in the State before 1 January, 2005, more commonly known as the IBC/05 Scheme. This permission was renewed for a further three years in 2007. Subsequently the Garda National Immigration Bureau (GNIB) renewed his permission to remain in the State in 2010 until 8 November, 2013.
I am informed that on 6 November, 2013, the person concerned sought to have his permission to remain renewed for a further period. However, his renewal of permission request to the GNIB was not processed on that occasion as he was not in a position to meet the necessary requirements. In the circumstances, I would advise the person concerned to submit a written request for renewal of permission to remain to the Irish Naturalisation and Immigration Service (INIS) of my Department, at PO BOX 10003, Dublin 1, outlining his current family circumstances.
There is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question.
Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must:
- be of full age
- be of good character
- have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years
- intend in good faith to continue to reside in the State after naturalisation
- have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—
(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and
(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.
A foreign national who is married to, or is the Civil Partner of, an Irish citizen for at least three years may apply for naturalisation under section 15A of the Irish Naturalisation and Citizenship Act 1956, as amended, where they have been continuously resident in the island of Ireland for the year immediately prior to the date of their application and for two out of the four years prior to that year. The marriage or civil partnership must be subsisting and recognised under Irish law. Section 15A provides that the Minister may waive certain conditions for naturalisation if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.
Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up-to-date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.
