Dáil Éireann Debate, Wednesday - 29 March 2023
159. Deputy Jackie Cahill asked the Minister for Justice how a South African national who is living in Ireland for a third consecutive year on a stamp 4 residency permit, is married to an Irish citizen and has two children with Irish citizenship can apply for Irish citizenship in order to get an Irish passport; and if he will make a statement on the matter. [15578/23]
View answerThe granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended, and all applications are processed in line with the eligibility criteria as set out under the Act. Each application is assessed individually in accordance with the provisions of the Act. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.
There are no provisions for the spouse or partner of an Irish citizen to acquire Irish citizenship solely by virtue of a marriage or civil partnership with an Irish citizen. The legal provision that provided for post nuptial citizenship was repealed with effect from 30 November 2005.
Section 15A of the 1956 Act sets out the conditions that apply where the application is based on being the spouse or civil partner of an Irish citizen. The requirements are: that the couple are married or civil partners to each other for a period of at least three years and are living together, and that immediately before the date of application, they have a period of one year’s continuous residence in the island of Ireland and, during the preceding four years, have a further period amounting to two years (i.e. three years in total) legal residence.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory conditions as prescribed in the Irish Nationality and Citizenship Act 1956, as amended and pay the appropriate fees.
Detailed information on Irish citizenship and the naturalisation process, along with the relevant application forms and guidance notes, is available on my Department's Irish Immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/.
