Dáil Éireann Debate, Thursday - 13 February 2014
209. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed to facilitate validation of an application for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [7443/14]
View answerSection 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 the person concerned to lodge a fresh application for a certificate of naturalisation 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. An online residency calculator is available on the website www.inis.gov.ie which may be of assistance in establishing if the residency requirements are met.
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that applicants who are EU citizens for more than five years are required to submit proof of residence in the State for a total of five years in the last nine years, to include the year prior to application. Three different proofs of residence for each year showing name and address i.e. household bills (gas, electricity, phone or cable/satellite TV), bank statements, revenue letters, mortgage agreement, social welfare, letter from employment, doctors letter etc. are required.
If the applicant is an EU citizen for less than five years they should submit a copy of their passport showing permission to remain stamps from date of arrival in the State to date of becoming an EU citizen and proof of residence in the State from date of becoming an EU citizen to date of application. As previously stated three different proofs of residence for each year showing name and address for this period i.e. household bills (gas, electricity, phone or cable/satellite TV), bank statements, revenue letters, mortgage agreement, social welfare, letter from employment, doctors letter etc. are required.
