Dáil Éireann Debate, Tuesday - 17 December 2013
442. Deputy Michael McGrath asked the Minister for Justice and Equality the options open to an Irish citizen, by virtue of an Irish grandfather, who has adult children living abroad and who wishes to move to live and work here; if he will advise of the position in this scenario; and if he will make a statement on the matter. [54056/13]
View answerA person is an Irish citizen from birth if at the time of his or her birth either parent was an Irish citizen. A person born outside of Ireland with a parent who was also born outside Ireland and an Irish citizen grandparent who was born in Ireland may become an Irish citizen by registration in the Foreign Births Register, which is maintained by the Department of Foreign Affairs. Future generations may become Irish citizens in this way provided that their parents had registered their birth in the Foreign Births Register before the children were born.
If persons are not entitled to Irish citizenship by descent, they may apply for Irish citizenship through naturalisation. 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.
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. Every such application is decided upon on its individual circumstances and in accordance with the law.
The non-EEA adult children of a person who has been granted Irish citizenship by descent do not have an automatic right to residency in the State. If they wish to remain in the State beyond the maximum period of 90 days granted to visitors they can apply for permission to remain on certain grounds. The main grounds upon which permission to remain can be obtained are: for the purposes of employment, where the person has to be the holder of a work permit; to study; to operate a business or as the spouse or dependant child of an Irish or EEA national in the State. If the persons concerned are visa required nationals they are required to apply for an Irish visa seeking permission to travel to the State. Further information on obtaining permission to remain in the State is available on the Department's website www.inis.gov.ie.
