Dáil Éireann Debate, Tuesday - 23 November 2004
400 Mr. Ferris asked the Minister for Justice, Equality and Law Reform if a migrant worker who has been made illegal for a period of time through no fault of their own may apply that time to their five years residency requirement for naturalisation. [30296/04]
Amharc ar fhreagraAs the Deputy has not provided details of a particular case, I will set out the general position. The acquisition of Irish citizenship through the naturalisation process is a privilege, rather than a right. The discretionary nature of the naturalisation process is in keeping with international practice. It is not the case, therefore, that a person who is resident here has a right to naturalisation after a certain period of time, even an extended period of time. All decisions on naturalisation, even where all the statutory conditions for naturalisation have been fulfilled, have been made at the "absolute discretion" of the Minister for Justice, Equality and Law Reform since 1935.
The granting of permission to a non-national to reside in the State for an extended period of time is not contingent on the acquisition of Irish citizenship. Many non-nationals who reside here have not applied for Irish citizenship, in some cases because it would impact upon their citizenship of origin. Section 15(d) of the Irish Nationality and Citizenship Act 1956 provides that an applicant for a certificate of naturalisation must have one year’s continuous residence in the State immediately before the date of application and, during the eight years immediately preceding that period, must have had a total residence in the State amounting to four years.
Section 16A of the Irish Nationality and Citizenship Act, 2001 qualified that residency requirement to the effect that when calculating residence in the State in respect of an applicant for naturalisation who is required to have permission to reside in the State, no period will be reckoned where the applicant does not have such permission. In addition, any time spent seeking to be recognised as a refugee or for the purpose of study must also be discounted. Any non-national who has not completed the requisite period of residence at the time of his or her application for naturalisation can reapply when he or she has completed the requisite period. Failure to acquire citizenship does not preclude the granting or retention of residency permission.
