Dáil Éireann Debate, Tuesday - 22 March 2022
396. Deputy Thomas Pringle asked the Minister for Foreign Affairs if Irish-born children of foreign nationals are automatically entitled to an Irish passport upon turning 18 years of age or if they must apply for citizenship first; and if he will make a statement on the matter. [14402/22]
View answerAll passport applications are subject to the provisions of the Passports Act 2008, as amended. The Act provides, among other things, that a person must be an Irish citizen before a passport can be issued to that person. In order to meet this requirement, each passport applicant must demonstrate an entitlement to Irish citizenship by providing acceptable documentary evidence of this entitlement when making a first time passport application.
An individual born on the island of Ireland before 2005 or born to a parent who was born on the island of Ireland before 2005 is automatically an Irish citizen.
The citizenship of persons born on the island of Ireland on or after 1 January 2005 is determined by the citizenship or residency status of one of their parents at the time of the person’s birth. Where one of the parents is an Irish or British citizen then the person is automatically an Irish Citizen. Where at least one of the parents is not an Irish or British citizen, the citizenship of a child born in Ireland on or after 1 January 2005 is determined by the residency status of one of the parents at the time of the child’s birth. A child born on or after 1 January 2005 may claim citizenship by birth where a parent has been lawfully resident in the State for three years of the four years preceding his/her birth (a total of 1,095 days).
Currently, all children born on or after 1 January 2005 are under 18 and their parent or guardian applies for a passport on their behalf. In order to prove the residency period of one of the parents when applying for a passport on behalf of their child, the parent must provide acceptable documentary evidence. The documents required to prove the residency period vary depending on whether the parent was an EU or non-EU citizen at the time of the child’s birth.
If the parent was an EU citizen at the time of the child’s birth, it is necessary to rely on the following list of documents to prove the parent’s residency in Ireland for three of the four years before the child’s birth (not all of the documents on the list may be required in every case):
- Tax records (P60 / P45 / P35L / Employment Detail Summary) for each year showing at least 35 weeks insurable employment.
- Notice of Assessment / Self Assessment records for each year and supporting documentation e.g. bank statements / domestic bills for each month
- Letter from Social Welfare/Intreo confirming type of benefit payment received and the dates to and from when the benefit was paid directly, this must be accompanied by a photocopy of parent’s PPS card front and back
- Rent Lease (must include contract page and signature of the parent whose residency is being considered) with receipts / utility bills/ rent book to confirm payments for each month
- Bank statements for each month showing regular transactions in and out of the account
- School/college letters confirming dates of attendance, full time courses undertaken and proof of exam results
- Declaration Form A: This is a sworn statement by the parent, giving details of their period of residency in Ireland.
If neither of the parents was an Irish, British or EU citizen at the time of the child’s birth, one of the parents will be required to provide proof of residency in Ireland for three of the four years before the passport applicant’s birth with the following original documents:
- Original national passport of the parent showing residency stamps for 3 of the previous 4 years before the child is born. Expired passports can be submitted.
- Parent’s Garda National Immigration Bureau (GNIB) card / Irish Residence Permit (IRP) card.
- A summary statement, signed by parent of parent’s ‘permission to remain’ stamps in the passport. The summary should include:
- Number of the passport.
- Name of passport holder.
- Description of the stamp(s).
- Dates of the permission.
In addition to the documents outlined above, all first time child applications require the submission of:
- Guardianship documents (if required).
- Full original civil birth certificate.
Information on what is required for all first time passport applications, including details on documentary requirements, guardianship and consent, are available at my Department’s recently updated website (www.dfa.ie/passports/documentary-requirements/).
The documentary requirements outlined above with regard to their parent's residency will continue to apply to people born to non-Irish parents on or after 1 January 2005, if they are applying for a passport for the first time after they turn 18.
