Dáil Éireann Debate, Tuesday - 15 September 2020
575. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for postnuptial citizenship in the case of a person (details supplied); the status of the application; and if she will make a statement on the matter. [23392/20]
View answerThe law governing post-nuptial citizenship in Ireland was set out in Section 8 of the Irish Nationality and Citizenship Acts 1956 as amended. However, since 29 November 2005, these provisions were ended and consequently it is no longer possible to make a declaration of post-nuptial citizenship based on marriage to an Irish citizen. Any declarations which were made prior to this date have been completed.
Any declarations received after 29 November 2005 were returned. The information supplied suggest that the declaration was completed by the person in 2006. Such an application would not have been accepted and should have been returned to the person concerned. Furthermore, the Citizenship Division of my Department have advised that they have no record of the person concerned on their system.
It is open to the person concerned to make an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. In the case of a non national applicant who is the spouse of an Irish citizen those conditions are that the applicant must:
(a) be of full age
(b) be of good character
(c) be married to the Irish citizen for at least 3 years
(d) be in a marriage recognised under the laws of the State as subsisting
(e) be living together as husband and wife with the Irish spouse
(f) have had a period of one year's continuous residency in the island of Ireland immediately before the date of the application and,
(g) during the four years immediately preceding that period, have had a total residence in the island of Ireland amounting to two years.
(h) intend in good faith to continue to reside in the island of Ireland after naturalisation.
(i) have made, either before a Judge of the District Court in open court or in such a manner as the Minister, for special reasons allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State.
Further information and the necessary application forms can be found on the website of the Immigration Service www.inis.gov.ie.
