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Residency Permits

Dáil Éireann Debate, Thursday - 8 September 2022

Thursday, 8 September 2022

Ceisteanna (1434)

Richard Bruton

Ceist:

1434. Deputy Richard Bruton asked the Minister for Justice if she has considered changing the requirement that the spouse of an Irish citizen has to fulfil Irish residency requirements; and if she will make a statement on the matter. [43456/22]

Amharc ar fhreagra

Freagraí scríofa

The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended.  All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act.  A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.

Section 15A of the 1956 Act sets out the conditions that apply where the application is based on being the spouse or civil partner of an Irish citizen. The requirements are:

- that the couple are married or civil partners to each other for a period of at least three years and are living together;

- that immediately before the date of application, they have a period of one year’s continuous residence in the island of Ireland; and

- during the preceding four years, have a further period amounting to two years (i.e. three years in total).

- Section 15A(2) further provides that the Minister in their absolute discretion may waive some of the conditions in relation to an application from a spouse or civil partner of an Irish citizen if they are satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.

- it is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory conditions as prescribed in the Irish Nationality and Citizenship Act 1956, as amended and pay the appropriate fees. There are no current plans to amend this legislation in the manner suggested.

Detailed information on Irish citizenship and the naturalisation process, along with the relevant application forms and guidance notes, is available on my Department's immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/

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