Wednesday, 8 May 2019

Questions (91)

Peter Burke

Question:

91. Deputy Peter Burke asked the Tánaiste and Minister for Foreign Affairs and Trade the cost implications for British-born spouses of deceased Irish citizens in obtaining an Irish passport; if the law was recently changed relative to this instance; and if he will make a statement on the matter. [19191/19]

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Written answers (Question to Foreign)

All passport applications are subject to the provisions of the Passports Act 2008. The Act provides, among other things, that a person must be an Irish citizen before a passport can be issued to him/her. In order to meet this requirement, each person must demonstrate an entitlement to Irish citizenship by providing acceptable documentary evidence of this entitlement.

Entitlement to Irish citizenship is determined by the Irish Nationality and Citizenship Act 1956, as amended, under which Irish citizenship may be obtained by birth, by descent, or by naturalisation.

There are no provisions for the spouse or partner of an Irish citizen to acquire Irish citizenship solely by virtue of marriage or civil partnership. This applies equally to cases where the Irish citizen in question is living or deceased. Post nuptial citizenship was repealed with effect from 30 November 2005. The Passport Service will accept a valid post-nuptial certificate as evidence of citizenship if this post nuptial certificate was awarded prior to November 30 2005. There is no provision to apply for post nuptial citizenship retrospectively.

For individuals born outside of Ireland, they may claim citizenship if they had at least one parent who was born in the island of Ireland before 2005. Individuals born outside of Ireland can also claim citizenship through a parent who was not born in Ireland but was an Irish citizen at the time of the individual's birth, or through a grandparent born in Ireland. Individuals who wish to claim citizenship through these means must have his/her birth entered on the Foreign Births Register (FBR). Citizenship commences after inclusion on the FBR. Further details regarding the process can be consulted at the Passport Service's website.

An individual may apply for Irish citizenship through naturalisation. Minimum residency terms must be satisfied before an individual is eligible for citizenship through naturalisation. The Department of Justice and Equality is responsible for citizenship matters, including applications for naturalisation.

The fee for a first time adult passport application is currently €80. Additional postage and handling fees may apply to passport applications depending on the channel through which the application is submitted. An individual may incur additional fees in securing the documents necessary for establishing entitlement to citizenship. However, the acquisition of these documents and the associated fees are independent of the passport application process.