Dáil Éireann Debate, Wednesday - 7 March 2012
190 Deputy Paul J. Connaughton asked the Minister for Justice and Equality if he will review a request from a person (details supplied) to waive the residency requirement for his US-born spouse in view of the fact the couple have been married for five years and live in the US; and if he will make a statement on the matter. [13140/12]
Amharc ar fhreagraThe circumstances in which the statutory residency requirement for the purposes of naturalisation can be waived are very limited and prescribed by law. These are as set out in sections 15A and 16 of the Irish Nationality and Citizenship Act 1956.
Section 15A provides that a foreign national who is married to, or is the Civil Partner of, an Irish citizen for at least three years may apply for naturalisation if they have been continuously resident in the island of Ireland for the year immediately prior to the date of their application and for two out of the four years prior to that year. The marriage or civil partnership must be subsisting and recognised under Irish law. The section provides that the residence criteria and length of marriage criteria could be waived by the Minister in cases where the applicant shows that they would suffer serious consequences in respect of their bodily integrity or liberty if not granted Irish citizenship.
Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application although the statutory conditions are not satisfied in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations. A person is of Irish associations if he or she is related by blood, affinity or adoption to, or is the civil partner of, a person who is an Irish citizen or entitled to be an Irish citizen. An application for a certificate of naturalisation may be lodged at any time.
