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Passport Services

Dáil Éireann Debate, Tuesday - 2 May 2017

Tuesday, 2 May 2017

Questions (633)

Michael D'Arcy

Question:

633. Deputy Michael D'Arcy asked the Minister for Foreign Affairs and Trade if a person (details supplied) that is a UK passport holder living here for 12 years and married for 17 years to an Irish citizen who has both an Irish and a UK passport can automatically get an Irish passport based on his marriage to an Irish citizen; and if he will make a statement on the matter. [19900/17]

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Written answers

All passport applications are subject to the provisions of the Passports Act, 2008 (the Act). The Act provides that a person must, among other things, be an Irish citizen before a passport can be issued to him or her. Entitlement to Irish citizenship is, in turn, subject to the terms of the Irish Nationality and Citizenship Act, 1956, as amended.

Up until 29 November 2005, spouses of Irish citizens had the option of completing a post-nuptial declaration in order to be recognised as Irish citizens themselves. The Passport Service will accept a valid post-nuptial declaration (i.e. dated on or before 29 November 2005) as evidence of citizenship.

Since 30 November 2005, however, this option has been discontinued and spouses of Irish citizens without any other claim to Irish citizenship (such as, for example, citizenship by descent) must apply for naturalisation if they wish to establish Irish citizenship. Naturalisation comes under the jurisdiction of the Irish Naturalisation and Immigration Service within the Department of Justice and Equality. For further information on the naturalisation process, including the requirements when an applicant is the spouse of an Irish citizen, please see the website of the Irish Naturalisation and Immigration Service at www.inis.gov.ie.

In line with the Passports Act, 2008, the Passport Service requires evidence of an applicant’s Irish citizenship before a passport application may be processed. In this particular case, if the individual concerned cannot provide evidence of Irish citizenship by birth, descent or post-nuptial declaration, the Passport Service will require a Certificate of Naturalisation to satisfy the requirements of the Act. As the Deputy will appreciate, the Passport Service is bound by legislation in this respect.

Neither the Passport Service nor the Department for Foreign Affairs may declare an individual a citizen or, in the absence of the necessary documentation, recognise him/her as such.

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