Dáil Éireann Debate, Tuesday - 12 April 2011
286 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality if he will amend section 15A of the Irish Nationality and Citizenship Act 1956 (as amended) to make its provisions applicable to civil partners of Irish citizens; and if he will make a statement on the matter. [7365/11]
Amharc ar fhreagraIt is my intention that in immigration-related matters, civil partnerships registered in Ireland or recognised by Irish law will, so far as is possible, be treated the same as marriages. It would be consistent with this approach to apply the provisions of the Irish Nationality and Citizenship Act 1956 (as amended) to the civil partners of Irish citizens. It would be my intention to bring forward an amendment to this effect at a future date.
In the case of a non-Irish national applicant who is the spouse of an Irish citizen those conditions are that the applicant must:
be of full age;
be of good character;
be married to the Irish citizen for at least 3 years;
be in a marriage recognised under the laws of the State as subsisting;
be living together as husband and wife with the Irish spouse;
have had a period of one year's continuous residency in the island of Ireland immediately before the date of the application; and, during the four years immediately preceding that period, have had a total residence in the island of Ireland amounting to two years;
have made, either before a Judge of the District Court in open court or in such a manner as the Minister, for special reasons allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State.
The Irish Nationality and Citizenship Act 1956 (as amended) currently provides that the Minister for Justice and Equality may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled.
Until I secure the relevant amendment to the Irish Nationality and Citizenship Act 1956 (as amended) I intend, in appropriate cases, where there is a registered civil partnership recognised under the relevant legislation here, to use my discretion to grant certificates of naturalisation to persons involved in such relationships in situations in which naturalisation would be granted to an applicant who is a non-Irish national spouse of an Irish spouse.
