Thursday, 1 February 2018

Ceisteanna (152)

Anne Rabbitte

Ceist:

152. Deputy Anne Rabbitte asked the Minister for Justice and Equality the reason a person (details supplied) does not have an automatic entitlement to citizenship. [5064/18]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

As the Deputy will be aware, entitlement to Irish citizenship is governed by the Irish Nationality and Citizenship Act 1956, as amended. The Act provides that if either of a child's parents was, at the time of that child's birth, an Irish citizen, that child is an Irish citizen irrespective of the place of birth. In this particular case as neither parent was an Irish citizen at the time of the child's birth, the child does not have any automatic entitlement to be an Irish citizen under the Act.

Section 6A of the Act also provides that a child born in the island of Ireland on or after 1 January 2005 has an entitlement to Irish citizenship if, at the time of the birth of the child, one of his or her parents had, during the period of 4 years immediately preceding the person's birth, been resident in the island of Ireland for a period of not less than 3 years or periods the aggregate of which is not less than 3 years. Periods of unlawful residence, periods of residence which were for the sole purpose of having an application for refugee status determined or periods of residence where permission was granted for the purposes of study are excluded under the Act from the determination of periods of reckonable residence.

Where a child born in the State did not at birth have an entitlement to Irish citizenship, the parent or guardian or person who is in loco parentis to the child may lodge an application for naturalisation on behalf of the child if and when the conditions for naturalisation are satisfied, including a requirement to have 5 years residence in the State. Detailed information on citizenship and the naturalisation process, including the relevant application forms, is available on the Irish Naturalisation and Immigration Service (INIS) website at www.inis.gov.ie.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.