Dáil Éireann Debate, Thursday - 21 January 2010
226 Deputy Michael McGrath asked the Minister for Foreign Affairs if children born in 2006 and 2007 to a person who was granted permission to remain in the State in 2005, by virtue of having an Irish born child, are entitled to an Irish passport, subject to fulfilling the other normal criteria. [2706/10]
Amharc ar fhreagraThe Passports Act 2008 requires that before issuing a passport to a person, the Minister for Foreign Affairs shall be satisfied that that person is an Irish citizen. Proofs of identity and entitlement to citizenship are required in respect of all passport applications. These requirements are outlined in the passport application form notes that accompany each application form. Details are also available on the Department's website.
The citizenship of a child born on the island of Ireland on or after 1 January 2005 depends on the citizenship or period of legal residence in Ireland of his or her parents at the time of the child's birth and is determined by reference to the Irish Nationality and Citizenship Act 2004. The Minister for Justice, Equality and Law Reform has lead responsibility for questions of citizenship.
Where at least one parent of such a child is, at the time of his or her birth: (i) an Irish citizen or entitled to be an Irish citizen, (ii) a British citizen or (iii) entitled to reside in the State or Northern Ireland without any restriction on his or her period of residence, the child has an automatic entitlement to Irish citizenship. In other cases, citizenship depends on whether the parent was legally resident in the island of Ireland for an aggregate period of at least three years in the four years prior to the birth of the child. In accordance with the Irish Nationality and Citizenship Act, 2004, evidence of lawful residence in the State by one or both parents must be provided. In cases where a parent is a national of the EU, EEA or Swiss Confederation, a declaration may be made regarding the period of residence. Evidence of residence such as tax forms or bank statements may be requested in support of the declaration.
Where the child's parent is a national of another country, evidence must be provided in the form of immigration stamps in passports, Garda National Immigration Bureau cards and registration books. The Passport Office calculates the periods of lawful residency on the basis of these proofs.
