Where an EU / EEA national or Swiss national makes a declaration that he has resided in Ireland for the period set out in the declaration, it is presumed that he lived in Ireland for that period, until the contrary is shown.
If a parent, guardian (or equivalent) of a person under 18 years, declares that the child is a national of an EU / EEA state or Switzerland makes a declaration that the parent resided in Ireland for such a period as specified, the parent is deemed resident, until the contrary is shown. Similar provisions apply in respect of a person suffering from a mental incapacity, by which a person authorised to act on their behalf may make a declaration that the parent resided in Ireland for the period stated, which is presumed to be the case, until the contrary is shown.
A period of residence in the State shall not be reckonable for the purposes of calculating a period of residence above, if it contravenes immigration legislation, it is in accordance with a permission given for the purpose of enabling him or her to engage in a course of education or study in the State, or it consists of a period during which a person (other than an EU/ EEA or Swiss national is entitled to remain in the State in accordance only with the refugee legislation.
A period of residence in Northern Ireland shall not be reckonable for the purposes of calculating a period of residence above, if the residence of the person concerned in Northern Ireland during that period is not lawful under the law of Northern Ireland (the person not being an EU/ EEA or Swiss national) or if the entitlement of the person concerned to reside in Northern Ireland is subject to analogous restrictions to the those mentioned above in respect of the State.
Citizenship by descent
A person is an Irish citizen by birth if at the time of his birth, either parent was an Irish citizen or would, if alive have been an Irish citizen. This provision applies even if the parent concerned had not activated Irish citizenship, at the time of birth.
Irish citizenship is not conferred on a person born outside the island of Ireland, if the parent form whom he or she derives citizenship, was also born outside Ireland unless has birth is registered under Irish legislation or the parent from whom he derives citizenship, was at the time of that person’s birth, abroad in the public service. The citizenship of a person registered 1st July 1986 is deemed effective from that date.
A person who is an non-national at the date of marriage to a person who is, or later becomes an Irish citizen, does not become a citizen by marriage alone. However, he or she may do so by lodging not earlier than three years from the date of the marriage (or the date on which his or her spouse became an Irish citizen, whichever is later), a declaration in the prescribed manner with the Department of Foreign Affairs or with an Irish diplomatic mission accepting Irish citizenship as post-nuptial citizenship.
The marriage must be subsisting at the date of the declaration and the couple must be living together as husband and wife. The Irish citizen must submit an affidavit to this effect, when the declaration is lodged. Citizenship commences from the date of lodgement.
A person who was married to an Irish citizen prior to 30th November 2002 is deemed to lodge the declaration on that date, being the date on which the legislation came into force. Post-nuptial citizenship does not apply to marriage to an person who becomes a citizen by naturalisation, as a grant or token of honour or under this spousal provision itself.),
Every deserted new-born child found in the State is presumed to have been born in the island of Ireland to at least one Irish citizen.
When an adoption order is made under Irish adoption law, where the adopter or either of a married couple are Irish citizens,the adopted child is deemed an Irish citizen if not already so.
The President may grant Irish citizenship as a token of honour to a person, or to the child or grandchild of a person, who in the opinion of the Government, has done signal honour or rendered distinguished service to the nation. A certificate of Irish citizenship shall be issued to the person to whom citizenship is so granted. He shall be an Irish citizen from such date.
Irish citizenship can be conferred on a non-national by a certificate of naturalisation, granted by the Minister for Justice. A person to whom a certificate of naturalisation issues, is an Irish citizen from the date of issue. The Minister may grant citizenship in his absolute discretion if he is satisfied that
• the applicant is of full age, or is a minor born outside the State;
• is of good character;
• has for a period of one continuous year resided in the State immediately prior to the application
• during the eight preceding years, has resided at least four years in the State;
• intends in good faith to continue to reside in State after naturalisation; and
• has made before the District Court or in such other manner as may be allowed, a declaration a fidelity to the nation and loyalty to the state. Citizenship ceremonies are used in place of a Court declaration.
The Minister may, in his discretion, grant a certificate of naturalisation to a non-national spouse on the above conditions, provided that
• the spouse is married to the Irish citizen for at least for three years
• the marriage is subsisting
• the persons are proved to be living together as husband and wife; and
• the applicant has at least one year’s residence in the island of Ireland and at least two year’s residence in the four preceding years.
A declaration of fealty to the nation and loyalty to the state is required.
The Minister may, in his absolute discretion, waive some or all of the above conditions, if satisfied that the applicant would suffer serious consequences in terms of his bodily integrity or liberty, if not granted Irish citizenship. A period of residence outside Ireland during which the applicant was married to an Irish citizen in the public service, is deemed residence in Ireland for the above purpose.
The Minister may, in his absolute discretion, grant an application for a certificate of naturalisation, notwithstanding that some or all of the conditions for naturalisation are not complied with;
• where the applicant is of Irish descent or association;
• where the applicant is a parent or guardian on behalf of a minor of Irish descent or association;
• where the applicant is a naturalised Irish citizen, acting on behalf of a minor child of the applicant;
• where the applicant has been resident abroad in the public service;
• where the applicant is a refugee within the meaning of the UN Convention on the status of refugees
A person is of Irish association, if he is related by blood, affinity or adoption to a person who is an Irish citizen or who is entitled to be an Irish citizen, or if he or she was related by blood, affinity or adoption to a person who is deceased, and who at his death was an Irish citizen or entitled to be an Irish citizen.
Periods of residence in the State are not counted for the purpose of a certificate of naturalisation if
• the person concerned is in breach of immigration legislation;
• has permission only for the purpose of allowing a person to engage in a course of education or study,
• certain periods of asylum seeking.
A certificate of naturalisation may be revoked if the Minister is satisfied that the issue of the certificate is procured by fraud, misrepresentation (whether innocent, fraudulent or by concealment of facts or circumstances) or iif the person to whom it was granted, has by any overt act, shown himself to have failed in his duty of fidelity to the nation and loyalty to the State.
A certificate of naturalisation may be revoked if the Minister is satisfied, the person to whom it is has been granted, has been ordinarily resident outside the State (other than for public service), for a continuous period of seven years without reasonable excuse and has not during that period, registered annually in the prescribed manner, his a declaration of his intention to remain an Irish citizen with an Irish diplomatic mission or consulate office or with the Minister. This does not apply to a certificate of naturalization issued to a person by descent and association.
Citizenship may be withdrawn, if the person is a citizen of a country with which the State is at war or if the person by a voluntary act other than marriage, acquires another citizenship.
Before giving for revoking a certificate of naturalization, the Minister shall give notice in prescribed form to the person to whom the certificate was granted, of the intention to revoke citizenship, stating the grounds. The person concerned has a right to apply to the Minister for an inquiry in relation to the reasons for the proposed revocation.
Upon application being made in the prescribed form for an enquiry, the Minister must refer the matter to a committee of inquiry appointed by him, consisting of a chairman having judicial or other experience, as the Minister thinks fit. The committee shall report its findings to the Minister.
Acquisition of Irish citizenship by a person shall not by itself confer citizenship on his or her spouse.
Last in citizenship, if Irish citizen of full age is all about to become a citizen of another country and for that reason desires to announce his citizenship he may do so if ordinarily resident outside the state, by lodging a a declaration of #[13:55] in the prescribed form. He ceases to be an Irish citizen upon lodgement of the declaration. A person may not renounce citizenship during a time of war.
The death of an Irish citizen shall not affect citizenship of his surviving spouse or children. Loss of Irish citizenship shall not affect the citizenship of a spouse or children. Marriage to a non-national shall not, by virtue of the marriage cause a person to cease to be an Irish citizen regardless of whether he or she acquires nationality of the non-national.
A person shall not be deemed to have lost Irish citizenship by operation of law of another country or by citizenship of that country as conferred on the person without any voluntary act on his part. Cessation of citizenship does not withdraw the person from any obligation, duty or liability which he has undertaken or may be subject to before cessation.
The state may if satisfied that under the law of another country, Irish citizens enjoy in that country some or all of the rights and privileges of a citizen of that country by order declare that citizens of that country shall enjoy similar rights and privileges to those enjoyed by the Irish citizens in that country subject to such conditions as the government may think fit.
Diplomatic and councillor offices abroad keep and maintain a foreign birth entry book. The register is kept in the department of foreign affairs. The part of a person outside of Ireland or a person deriving citizenship through a father or mother so born may be registered in accordance with the foreign births regulation either in the foreign births entry book, or in the foreign births register.
A person who claims to be an Irish citizen other than is a naturalised Irish citizen may apply to the minister or president outside of Ireland 20 Irish Diplomatic Officer, councilor officer, for a certificate of nationality. If satisfied that the applicant is an Irish citizen, and the issue of the certificate is necessary, the certificate of nationality may issue accordingly. The certificate may be revoked if obtained by fraud or misrepresentation or failure to disclose material information.
Applicants must provide the consular office or the department with such a declaration of such matter declarations evidence of such matters as may be required.
An Irish citizen further born — wherever born shall be entitled to all the rights and privileges conferred by legislation of persons born in the state.
It is an offence to make any declaration or statement that is false and misleading. Breach a subject to find a €3,000 fine or 12 months imprisonment or both in the District court on summary conviction or on indictment to a €50,000 fine and imprisonment up to five years.
Amendments to the Citizenship Acts
The legislation :
• makes provision for civil partners to receive treatment equal to married couples in the context of citizenship matters,
• provides a clear statutory framework within which granting of certificates of naturalisation can take place in formal citizenship ceremonies, and
• provides greater flexibility for the Minister to prescribe fees in the context of applications for citizenship.