Dáil Éireann Debate, Tuesday - 15 October 2019
112. Deputy Bríd Smith asked the Tánaiste and Minister for Foreign Affairs and Trade the reason a child (details supplied) has not had their application processed; the reason the child's father has been asked to supply additional documentation that is readily available to the authorities; and if the request for a passport requires additional documentation. [42190/19]
View answerAll passport applications are subject to the provisions of the Passports Act, 2008 (“The 2008 Act”). 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 legal requirement, each person must demonstrate an entitlement to Irish citizenship in his/her passport application.
As part of the identity and citizenship verification process, the Passport Service requires applicants themselves, or the applicant’s guardian in the case of applications for children, to submit all necessary supporting documents in order to establish the applicant’s identity and entitlement to citizenship. It is not possible for the Passport Service to obtain these documents on an applicant’s behalf from other State or non-State bodies.
The applicant referred to was born in Ireland after 1 January 2005. Any possible claim to citizenship for the applicant is governed by the terms of the Irish Nationality and Citizenship Act, 1956 as amended (“The 1956 Act”). Section 6A of the 1956 Act provides that a person born in the State on or after 1 January 2005, where neither parent is an Irish or British citizen or otherwise entitled to reside in the State or Northern Ireland without restriction at the time of that person’s birth, may claim citizenship by birth in the State (and thereby establish eligibility for an Irish passport) only where a parent has been lawfully resident in the State for three years of the four years preceding his/her birth.
In such cases, proofs of lawful residence in the State are required to determine if a parent has the required three year residence. The 2004 amendment of the 1956 Act makes particular provisions for nationals of EU Member States, who may make a declaration concerning their residence in the island of Ireland within the 4 years preceding their child’s birth. In such cases, the EU national is regarded as having resided on the island of Ireland for the declared periods for the purposes of the 1956 Act, unless the contrary is proved. These declarations must be supported by documentary evidence to verify residence in the State. For non-EU parents, permission to remain in the State recorded on passports, and/or registration cards, as issued by the Garda National Immigration Bureau (GNIB), are acceptable proofs of a parent’s lawful residence in the context of a passport application.
In this case, proof of lawful residence in the State for either of the parents for the required time-period prior to the applicant's birth was not submitted in support of the passport application. In the absence of such proof of lawful residence, an entitlement to citizenship, and therefore eligibility for an Irish passport, was not established. I am advised by the Passport Service that letters were issued to the applicant’s father on 23 September and 30 September outlining what documents were required in order to establish this lawful residence.
If lawful residence in the State for the required time-period cannot be established, it may be open to the applicant in question to apply for Irish citizenship through naturalisation. A parent or guardian may lodge an application for naturalisation on behalf of a child if and when the conditions for naturalisation (including minimum residency terms) are satisfied. Citizenship, including naturalisation, comes under the remit of the Department of Justice and Equality. Further information on citizenship and naturalisation is available on the website of the Irish Naturalisation and Immigration Service.
