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Legislative Measures

Dáil Éireann Debate, Tuesday - 3 November 2020

Tuesday, 3 November 2020

Ceisteanna (1092)

Holly Cairns

Ceist:

1092. Deputy Holly Cairns asked the Minister for Justice further to Parliamentary Question No. 7 of 22 October 2020, the way in which persons born here or who are long-term resident here as minors but are not Irish, EEA, UK or Swiss nationals can apply for citizenship; if her attention has been drawn to barriers to them doing so; and if she will make a statement on the matter. [33943/20]

Amharc ar fhreagra

Freagraí scríofa

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.

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