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Dáil Éireann díospóireacht -
Tuesday, 5 Nov 2002

Vol. 556 No. 3

Written Answers. - Qualification for Citizenship.

Bernard J. Durkan

Ceist:

644 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if a person (details supplied) in County Kildare would qualify for an Irish passport in their own right; and if he will make a statement on the matter. [20622/02]

There are three ways in which a non-national can obtain Irish citizenship; by descent, by naturalisation or by marriage to an Irish citizen – post-nuptial citizenship. I have set out below some general information about these methods of acquiring Irish citizenship. However, without further information regarding the person referred to in the Deputy's question, I am not in a position to advise as to which of the methods outlined below is appropriate to the person concerned.

A person whose father or mother was an Irish citizen at the time of his-her birth is an Irish citizen from birth. A person whose grandparent was born in Ireland may become an Irish citizen by registering in the foreign births register at an Irish embassy or consular office or at the Department of Foreign Affairs. A person whose great-grandparent was born in Ireland may register in certain circumstances. Further information in this regard may be obtained from consular section, Department of Foreign Affairs, Hainault House, St. Stephen's Green, Dublin 2, or from any Irish embassy or consular office.

A person is entitled to make a declaration of post-nuptial citizenship if he-she is married to an Irish citizen – who is Irish other than by naturalisation, post-nuptial citizenship or honorary citizenship – for at least three years. The marriage must be valid and subsisting and the couple must be living together as husband and wife at the time of declaration. The post-nuptial process is being repealed with effect from 30 November 2002. By way of a transitional provision, persons who are married to Irish citizens before that date but fail to satisfy the three-year criterion at that time can make the declaration after that date upon completion of three years of marriage. The transitional provision will cease to apply on 30 November 2005.

Applications for naturalisation are considered under the Irish Nationality and Citizenship Acts, 1956 to 2001, and the granting of a certificate of naturalisation is at my absolute discretion. The applicant must fulfil certain statutory requirements, including requirements in relation to residency. However I am empowered to dispense with the statutory conditions in whole or in part in certain circumstances – for example where the applicant is of Irish descent or Irish associations. Every such application is decided upon on its individual circumstances and in accordance with the law. It should be noted also that the statutory residency requirements for persons who are married to Irish citizens will be reduced from 30 November, 2002 in view of the fact that post-nuptial citizenship will no longer be available.
More detailed information on citizenship matters and the relevant application forms can be obtained by telephoning the citizenship helpline, Lo call No. 1890 551500 on any Tuesday and Thursday morning between the hours of 10 a.m. and 12.30 p.m.

Ciarán Cuffe

Ceist:

645 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform if he will consider granting Irish citizenship to the great-grandchildren of Irish citizens who emigrated to Argentina, as was the case up until 1986; and if his attention has been drawn to the fact that the Irish diaspora in Argentina are continuing to suffer from the extreme economic crisis that is continuing in that country. [20633/02]

The position is that great-grandchildren of persons born in Ireland can obtain Irish citizenship by registering in the foreign births register provided either of their parents had at the time of their birth acquired Irish citizenship through registration in the foreign births register. There is one exception to that rule. If one parent had registered in the foreign births register prior to 31 December 1986, the person can register even if the parent had not registered at the time of that person's birth.

If persons are not entitled to Irish citizenship in these circumstances, they may nevertheless be entitled to Irish citizenship as a result of marriage to an Irish citizen – post-nuptial citizenship. A person is entitled to make a declaration of post-nuptial citizenship if he-she is married to an Irish citizen – who is Irish other than by naturalisation, post-nuptial citizenship or honorary citizenship – for at least three years. The marriage must be valid and subsisting and the couple must be living together as husband and wife at the time of declaration. The post-nuptial process is being repealed with effect from 30 November 2002. By way of a transitional provision, persons who are married to Irish citizens before that date but fail to satisfy the three year criterion at that time can make the declaration after that date upon completion of three years of marriage. The transitional provision will cease to apply on 30 November 2005.

Of course, any non-national, be they Argentinian or otherwise, can apply for Irish citizenship through naturalisation. Such applications are con sidered under the Irish Nationality and Citizenship Acts, 1956 to 2001, and the granting of a certificate of naturalisation is at my absolute discretion. The applicant must fulfil certain statutory requirements, including requirements in relation to residency. However I am empowered to dispense with the statutory conditions in whole or in part in certain circumstances – for example where the applicant is of Irish descent or Irish associations. Every such application is decided upon on its individual circumstances and in accordance with the law. It should be noted also that the statutory residency requirements for persons who are married to Irish citizens will be reduced from 30 November, 2002 in view of the fact that post-nuptial citizenship will no longer be available.
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