Entitlement to Irish citizenship is governed by the Irish Nationality and Citizenship Act 1956, as amended. The Act distinguishes between the entitlement to citizenship by birth and descent and to the acquisition of citizenship through the naturalisation process.
Following a referendum of the Irish people, the 27th amendment to the Constitution changed the situation in relation to entitlement to Irish Citizenship. As a result, Section 6 of the Irish Nationality and Citizenship Act 1956 was amended by the Irish Nationality and Citizenship Act, 2004.
The changes came into effect on 1 January 2005. As of that date, a person born in the island of Ireland is not entitled to be an Irish citizen, unless that person's parents have been legally resident in the island of Ireland for a total of three years during the four years preceding that person's birth.
It is open to the parent, guardian or person who is in loco parentis to the child to lodge an application for naturalisation on behalf of the child if and when the conditions for naturalisation are satisfied, including a requirement to have a total of 5 years residence in the State. This ensures that there is a pathway to obtaining Irish citizenship through the naturalisation process for those children.