Acquiring Citizenship
IRISH NATIONALITY AND CITIZENSHIP ACT 1956
REVISED
Updated to 16 October 2023
AN ACT TO MAKE PROVISION FOR THE ACQUISITION AND LOSS OF IRISH NATIONALITY AND CITIZENSHIP. [17th July, 1956.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
PART I.
Preliminary.
Section 1
Short title.
1. —This Act may be cited as the Irish Nationality and Citizenship Act, 1956.
Section 2
Definitions.
2. —(1) In this Act—
“the Act of 1935” means the Irish Nationality and Citizenship Act, 1935 (No. 13 of 1935);
F1[“Act of 1996” means the Refugee Act 1996;]
F1[“Act of 2003” means the Immigration Act 2003;]
F1[“Act of 2004” means the Immigration Act 2004;]
F2[…]
F3[“citizenship ceremony” means a ceremony held—
(a) before a judge, or a retired judge, of the District Court, Circuit Court, Court of Appeal, High Court or Supreme Court or such other person as may be designated for that purpose by the Minister, and
(b) at a place and in a form approved by the Minister,
at which an applicant makes the declaration and gives the undertaking referred to in section 15(1)(e), section 15A(1)(h) or section 15B(1)(d), as the case may be;]
F4[“civil partner” means a civil partner within the meaning of section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;]
“consular office” includes a consulate-general, consulate or vice-consulate, whether in charge of a career or honorary consular officer;
“diplomatic officer” means an ambassador extraordinary and plenipotentiary, envoy extraordinary and minister plenipotentiary, chargé d’affaires, counsellor or secretary of embassy or legation, or attaché;
F1[“EEA state” means a state, other than a Member State, that is a contracting party to the EEA Agreement;]
F1[“EEA Agreement” has the same meaning as it has in the European Communities (Amendment) Act 1993;]
“foreign aircraft” means an aircraft which is not an Irish aircraft;
“foreign ship” means a ship which is not an Irish ship;
F2[…]
F5[…]
“Irish citizen” means a citizen of Ireland;
“Irish aircraft” means an aircraft registered in the State;
“Irish ship” means a ship registered in the State or a ship which, if not registered in the State or under the law of any other country, is wholly owned by a person qualified to own a ship registered in the State or by persons all of whom are so qualified;
F1[“Member State” means a Member State of the European Communities;]
F1[“mental incapacity” means, in relation to a person, incapacity by reason of a mental condition to manage and administer the person’s affairs;]
F6[“the Minister” means the Minister for Justice, Equality and Law Reform;]
“naturalised Irish citizen” means a person who acquires Irish citizenship by naturalisation, whether under this or any other enactment;
F7[“non-national” means a person who is not an Irish citizen;]
“prescribed” means prescribed by regulations made by the Minister;
“public service” when used in relation to the employment of a person, refers to employment in the service of the Government, whether or not in the civil service, or in the service of any public corporation or authority maintained wholly or partly out of public funds or in respect of which a Minister of State is responsible.
F1[(1A) In this Act—
(a) a reference to a section is a reference to a section of this Act, unless it is indicated that a reference to some other enactment is intended,
(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and
(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended, whether before or after the commencement of the Irish Nationality and Citizenship Act 2004, by or under any subsequent enactment.]
F8[(2) In this Act a reference to the island of Ireland includes a reference to its islands and seas.]
Annotations
Amendments:
F1
Inserted (1.01.2005) by Irish Nationality and Citizenship Act 2004 (38/2004), s. 2(a), (b), S.I. No. 873 of 2004.
F2
Deleted (30.11.2002) by Irish Nationality and Citizenship Act 2001 (15/2001), s. 2(a)(i), (ii), S.I. No. 128 of 2002.
F3
Inserted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 3, S.I. No. 389 of 2023.
F4
Inserted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 33(a), commenced on enactment.
F5
Deleted (2.12.1999) by Irish Nationality and Citizenship Act 2001 (15/2001), s. 2(a)(iii), commenced as per s. 9(3).
F6
Substituted (30.11.2002) by Irish Nationality and Citizenship Act 2001 (15/2001), s. 2(b), S.I. No. 128 of 2002.
F7
Inserted (30.11.2002) by Irish Nationality and Citizenship Act 2001 (15/2001), s. 2(c), S.I. No. 128 of 2002.
F8
Inserted (2.12.1999) by Irish Nationality and Citizenship Act 2001 (15/2001), s. 2(d), commenced as per s. 9(3).
Modifications (not altering text):
C1
References construed (14.12.1987) by Status of Children Act 1987 (26/1987), s. 5, commenced as per s. 1(2)(a).
Meaning of father, mother, parent in Irish Nationality and Citizenship Acts, 1956 and 1986.
5.—It is hereby declared that, in relation to a child, any reference to “father”, “mother” or “parent” in the Irish Nationality and Citizenship Acts, 1956 and 1986, includes and shall be deemed always to have included the father, mother or parent, as the case may require, who was not married to the child’s other parent at the time of the child’s birth or at any time during the period of ten months preceding the birth.
Editorial Notes:
E1
Subs. (1) designated as such in the absence of subsection numbering in the provision inserting subs. (2).
Section 3
Regulations.
3. —(1) The Minister may make regulations in relation to any matter or thing referred to in this Act as prescribed or to be prescribed, but no such regulation shall be made in relation to the amount or collection of fees without the consent of the Minister for Finance.
(2) Every regulation made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the regulation is passed by either House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
Annotations
Modifications (not altering text):
C2
Functions transferred and references to “Department of Finance” and “Minister for Finance” under subs. (1) construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art.1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order,be construed as references to the Minister for Public Expenditure and Reform.
…
Schedule 1
Enactments
…
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 26 of 1956
Irish Nationality and Citizenship Act 1956
Sections 3(1), 27(5) and 31(1)
…
…
…
Editorial Notes:
E2
Power pursuant to section exercised (16.10.2023) by Irish Nationality and Citizenship Regulations 2023 (S.I. No. 498 of 2023), in effect as per reg. 1(2).
E3
Power pursuant to section exercised (10.11.2011) by Irish Nationality and Citizenship Regulations 2011 (S.I. No. 569 of 2011), in effect as per reg. 1(2).
E4
Power pursuant to section exercised (4.01.2005) by Irish Nationality and Citizenship Regulations 2005 (S.I. No. 1 of 2005).
E5
Previous affecting provision: power pursuant to section exercised (24.06.2011) by Irish Nationality and Citizenship (Amendment) Regulations 2011 (S.I. No. 284 of 2011), in effect as per reg. 1(2); revoked (10.11.2011) by Irish Nationality and Citizenship Regulations 2011 (S.I. No. 569 of 2011), reg. 2(d), in effect as per reg. 1(2).
E6
Previous affecting provision: power pursuant to section exercised (1.08.2008) by Irish Nationality and Citizenship (Fees) Regulations 2008 (S.I. No. 294 of 2008), in effect as per reg. 1(2); revoked (10.11.2011) by Irish Nationality and Citizenship Regulations 2011 (S.I. No. 569 of 2011), reg. 2(c), in effect as per reg. 1(2).
E7
Previous affecting provision: power pursuant to section exercised (30.11.2002) by Irish Nationality and Citizenship Regulations 2002 (S.I. No. 567 of 2002); revoked (10.11.2011) by Irish Nationality and Citizenship Regulations 2011 (S.I. No. 569 of 2011), reg. 2(b), in effect as per reg. 1(2).
E8
Previous affecting provision: power pursuant to section exercised (29.04.2002) by Irish Nationality and Citizenship (Declaration of Citizenship) Regulations 2002 (S.I. No. 196 of 2002); revoked (30.11.2002) by Irish Nationality and Citizenship Regulations 2002 (S.I. No. 567 of 2002), reg. 1(3), in effect as per reg. 1(2).
E9
Previous affecting provision: power pursuant to section exercised (1.10.1996) by Irish Nationality and Citizenship (Fees) Regulations 1996 (S.I. No. 291 of 1996); in effect as per reg. 1(3); revoked (1.08.2008) by Irish Nationality and Citizenship (Fees) Regulations 2008 (S.I. No. 294 of 2008), reg. 3(b), in effect as per reg. 1(2).
E10
Previous affecting provision: power pursuant to section exercised (1.04.1993) by Irish Nationality and Citizenship (Fees) Regulations 1993 (S.I. No. 89 of 1993), in effect as per reg. 1(3); revoked (1.08.2008) by Irish Nationality and Citizenship (Fees) Regulations 2008 (S.I. No. 294 of 2008), reg. 3(a), in effect as per reg. 1(2).
E11
Previous affecting provision: power pursuant to section exercised (1.06.1987) by Irish Nationality and Citizenship Regulations 1987 (S.I. No. 148 of 1987), in effect as per reg. 1(3); revoked (1.04.1993) by Irish Nationality and Citizenship (Fees) Regulations 1993 (S.I. No. 89 of 1993), reg. 3, in effect as per reg. 1(3).
E12
Previous affecting provision: power pursuant to section exercised (18.07.1986) by Irish Nationality and Citizenship Regulations 1986 (S.I. No. 261 of 1986); revoked (30.11.2002) by Irish Nationality and Citizenship Regulations 2002 (S.I. No. 567 of 2002), reg. 1(3), in effect as per reg. 1(2).
E13
Power pursuant to section exercised (18.07.1986) by Irish Nationality and Citizenship (Fees) Regulations 1986 (S.I. No. 260 of 1986); revoked (1.06.1987) by Irish Nationality and Citizenship Regulations 1987 (S.I. No. 148 of 1987), reg. 3, in effect as per reg. 1(3).
E14
Previous affecting provision: power pursuant to section exercised (1.10.1983) by Irish Nationality and Citizenship (Fees) Regulations 1983 (S.I. No. 279 of 1983), in effect as per reg. 2; revoked (1.06.1987) by Irish Nationality and Citizenship Regulations 1987 (S.I. No. 148 of 1987), reg. 3, in effect as per reg. 1(3).
E15
Previous affecting provision: power pursuant to section exercised (1.06.1980) by Irish Nationality and Citizenship (Fees) Regulations 1980 (S.I. No. 137 of 1980), in effect as per reg. 2; revoked (1.10.1983) by Irish Nationality and Citizenship (Fees) Regulations 1983 (S.I. No. 279 of 1983), reg. 4, in effect as per reg. 2.
E16
Previous affecting provision: power pursuant to section exercised (27.07.1956) by Irish Nationality and Citizenship Regulations 1956 (S.I. No. 216 of 1956); revoked (10.11.2011) by Irish Nationality and Citizenship Regulations 2011 (S.I. No. 569 of 2011), reg. 2(a), in effect as per reg. 1(2).
Section 4
Expenses.
4. —All expenses incurred by the Minister or by the Minister for External Affairs in carrying this Act into effect shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Section 5
Repeals and saving for existing citizenship.
5. —(1) The Irish Nationality and Citizenship Act, 1935 (No. 13 of 1935), and the Irish Nationality and Citizenship (Amendment) Act, 1937 (No. 39 of 1937), are hereby repealed.
(2) Every person who, immediately before the passing of this Act, was a citizen of Ireland shall remain an Irish citizen, notwithstanding the foregoing repeals.
PART II.
Citizenship.
Section 6
F9[
Citizenship by birth in the island of Ireland.
6.—F10[(1) Subject to section 6A (inserted by section 4 of the Irish Nationality and Citizenship Act 2004), every person born in the island of Ireland is entitled to be an Irish citizen.]
(2) F10[(a) Subject to subsection (5), a person who is entitled under subsection (1) to be an Irish citizen shall be an Irish citizen from the date of his or her birth if—
(i) he or she does any act that only an Irish citizen is entitled to do, or
(ii) in the case of a person who is not of full age or who is suffering from a mental incapacity, any act is done on his or her behalf that only an Irish citizen is entitled to do.]
(b) The fact that a person so born has not done, or has not had done on his or her behalf, such an act shall not of itself give rise to a presumption that the person is not an Irish citizen or is a citizen of another country.
(3) A person born in the island of Ireland is an Irish citizen from birth if he or she is not entitled to citizenship of any other country.
(4) F11[…]
(5) A person born in the island of Ireland who has made a declaration of alienage under section 21 shall remain entitled to be an Irish citizen, but shall not be an Irish citizen unless, in the prescribed manner, that person declares that he or she is an Irish citizen; and such person shall be an Irish citizen from the date of the declaration.]
F12[(6) In this section “person” does not include a person born in the island of Ireland on or after the commencement of the Irish Nationality and Citizenship Act 2004—
(a) neither of whose parents was at the time of the person’s birth—
(i) an Irish citizen or entitled to be an Irish citizen,
(ii) a British citizen,
(iii) a person entitled to reside in the State without any restriction on his or her period of residence (including in accordance with a permission granted under section 4 of the Act of 2004), or
(iv) a person entitled to reside in Northern Ireland without any restriction on his or her period of residence, and
(b) at least one of whose parents was at that time F13[a person referred to in section 2(1) or section 2(1A) of the Immigration Act 2004].]
Annotations
Amendments:
F9
Substituted (2.12.1999) by Irish Nationality and Citizenship Act 2001 (15/2001), s. 3(1), commenced as per s. 9(3).
F10
Substituted (1.01.2005) by Irish Nationality and Citizenship Act 2004 (38/2004), s. 3(a), (b), S.I. No. 873 of 2004.
F11
Deleted (1.01.2005) by Irish Nationality and Citizenship Act 2004 (38/2004), s. 3(c), S.I. No. 873 of 2004.
F12
Inserted (1.01.2005) by Irish Nationality and Citizenship Act 2004 (38/2004), s. 3(d), S.I. No. 873 of 2004.
F13
Substituted (13.12.2017) by Diplomatic Relations (Miscellaneous Provisions) Act 2017 (33/2017), s. 9(a), commenced on enactment.
Modifications (not altering text):
C3
Certain references to “father”, “mother” or “parent” construed (14.12.1987) by Status of Children Act 1987 (26/1987), s. 5, commenced as per s. 1(2)(a).
Meaning of father, mother, parent in Irish Nationality and Citizenship Acts, 1956 and 1986.
5.—It is hereby declared that, in relation to a child, any reference to “father”, “mother” or “parent” in the Irish Nationality and Citizenship Acts, 1956 and 1986, includes and shall be deemed always to have included the father, mother or parent, as the case may require, who was not married to the child’s other parent at the time of the child’s birth or at any time during the period of ten months preceding the birth.
Section 6A
F14[
Entitlement to Irish citizenship of persons born to certain non-nationals.
6A.—(1) A person born in the island of Ireland shall not be entitled to be an Irish citizen unless a parent of that person has, 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.
(2) This section does not apply to—
(a) a person born before the commencement of the Irish Nationality and Citizenship Act 2004,
(b) a person born in the island of Ireland—
(i) to parents at least one of whom was at the time of the person’s birth an Irish citizen or entitled to be an Irish citizen,
(ii) if the person was born to parents one of whom was deceased at the time of the person’s birth and—
(I) the other parent was at that time, or
(II) the deceased parent was, immediately before he or she died,
an Irish citizen or entitled to be an Irish citizen, or
(iii) if the person was born to parents both of whom were deceased at the time of the person’s birth, and at least one of whom was, immediately before his or her death, an Irish citizen or entitled to be an Irish citizen,
(c) a person born in the island of Ireland—
(i) to parents at least one of whom was at the time of the person’s birth a British citizen or a person entitled to reside in Northern Ireland without any restriction on his or her period of residence,
(ii) if the person was born to parents one of whom was deceased at the time of the person’s birth and—
(I) the other parent was at that time, or
(II) the deceased parent was, immediately before he or she died,
a British citizen or a person entitled to reside in Northern Ireland without any restriction on his or her period of residence, or
(iii) if the person was born to parents both of whom were deceased at the time of the person’s birth and at least one of whom was, immediately before his or her death, a British citizen or a person entitled to reside in Northern Ireland without any restriction on his or her period of residence,
(d) a person born in the island of Ireland—
(i) to parents at least one of whom was at the time of the person’s birth a person entitled to reside in the State without any restriction on his or her period of residence (including in accordance with a permission granted under section 4 of the Act of 2004),
(ii) if the person was born to parents one of whom was deceased at the time of the person’s birth and—
(I) the other parent was at that time, or
(II) the deceased parent was, immediately before he or she died,
a person entitled to reside in the State without any restriction on his or her period of residence (including in accordance with a permission granted under section 4 of the Act of 2004), or
(iii) if the person was born to parents both of whom were deceased at the time of the person’s birth and one of whom was, immediately before his or her death, a person entitled to reside in the State without any restriction on his or her period of residence (including in accordance with a permission granted under section 4 of the Act of 2004),
or
(e) a person born in the island of Ireland—
(i) neither of whose parents was at the time of the person’s birth—
(I) an Irish citizen or entitled to be an Irish citizen,
(II) a British citizen,
(III) a person entitled to reside in the State without any restriction on his or her period of residence (including in accordance with a permission granted under section 4 of the Act of 2004), or
(IV) a person entitled to reside in Northern Ireland without any restriction on his or her period of residence, and
(ii) at least one of whose parents was at that time F15[a person referred to in section 2(1) or section 2(1A) of the Immigration Act 2004].
(3) In this section “British citizen” means a citizen of the United Kingdom of Great Britain and Northern Ireland.]
Annotations
Amendments:
F14
Inserted (1.01.2005) by Irish Nationality and Citizenship Act 2004 (38/2004), s. 4, S.I. No. 873 of 2004.
F15
Substituted (13.12.2017) by Diplomatic Relations (Miscellaneous Provisions) Act 2017 (33/2017), s. 9(b), commenced on enactment.
Section 6B
F16[
Residence in the island of Ireland for the purposes of section 6A.
6B.—(1) Where a parent of a person to whom section 6A (inserted by section 4 of the Irish Nationality and Citizenship Act 2004) applies dies before the person’s birth, the period commencing on the date of the parent’s death and expiring on the date of the person’s birth shall be reckonable for the purposes of calculating a period of residence in the island of Ireland under that section, if—
(a) the parent was, immediately before his or her death, residing in the island of Ireland, and
(b) the period in respect of which he or she was, immediately before his or her death, resident in the island of Ireland is reckonable for the purposes of that section.
(2) Where a national of—
(a) a Member State (other than the United Kingdom of Great Britain and Northern Ireland),
(b) a state (other than a Member State) that is a contracting party to the EEA Agreement, or
(c) the Swiss Confederation,
makes a declaration in such manner as may be prescribed that he or she has resided in the island of Ireland for such period as is stated in that declaration, he or she shall, for the purposes of section 6A, be regarded as having been resident in the island of Ireland—
(i) for that period, if during the entire of that period he or she was a national of a Member State, an EEA state or the Swiss Confederation, or
(ii) if he or she was such a national for part only of that period, for that part of the period,
unless the contrary is proved.
(3) (a) If a person who is the guardian of, or in loco parentis to, a person (in this paragraph referred to as the “second-mentioned person”) who—
(i) has not attained the age of 18 years, and
(ii) is the child of a person (in this paragraph referred to as the “parent”) who was, at the time of the second-mentioned person’s birth, a national of a state referred to in subsection (2),
makes a declaration in such manner as may be prescribed that the parent resided in the island of Ireland for such period as is specified in that declaration, the parent shall, for the purposes of section 6A, be regarded as having been resident in the island of Ireland—
(I) for that period, if during the entire of that period he or she was a national of a Member State, an EEA state or the Swiss Confederation, or
(II) if he or she was such a national for part only of that period, for that part of the period,
unless the contrary is proved.
(b) If a person who is duly authorised to act on behalf of a person (in this paragraph referred to as the “second-mentioned person”) who—
(i) is suffering from a mental incapacity, and
(ii) is the child of a person (in this paragraph referred to as the “parent”) who was, at the time of the second-mentioned person’s birth, a national of a state referred to in subsection (2),
makes a declaration in such manner as may be prescribed that the parent resided in the island of Ireland for such period as is specified in that declaration, the parent shall, for the purposes of section 6A, be regarded as having been resident in the island of Ireland—
(I) for that period, if during the entire of that period he or she was a national of a Member State, an EEA state or the Swiss Confederation, or
(II) if he or she was such a national for part only of that period, for that part of the period,
unless the contrary is proved.
(c) If a person (in this paragraph referred to as the “declarant”) who—
(i) has attained the age of 18 years, and
(ii) is the child of a person (in this paragraph referred to as the “parent”) who was, at the time of the declarant’s birth, a national of a state referred to in subsection (2),
makes a declaration in such manner as may be prescribed that the parent resided in the island of Ireland for such period as is stated in that declaration, the parent shall, for the purposes of section 6A, be regarded as having been resident in the island of Ireland—
(I) for that period, if during the entire of that period he or she was a national of a Member State, an EEA state or the Swiss Confederation, or
(II) if he or she was such a national for part only of that period, for that part of the period,
unless the contrary is proved.
(4) A period of residence in the State shall not be reckonable for the purposes of calculating a period of residence under section 6A if—
(a) it is in contravention of section 5(1) of the Act of 2004,
(b) it is in accordance with a permission given to a person under section 4 of the Act of 2004 for the purpose of enabling him or her to engage in a course of education or study in the State, or
(c) it consists of a period during which a person (other than a person who was, during that period, a national of a Member State, an EEA state or the Swiss Confederation) referred to in F17[subsection (1) of section 16 of the International Protection Act 2015] is entitled to remain in the State in accordance only with the said subsection.
(5) A period of residence in Northern Ireland shall not be reckonable for the purposes of calculating a period of residence under section 6A—
(a) if—
(i) the person concerned is not during the entire of that period a national of a Member State, an EEA state or the Swiss Confederation, and
(ii) the residence of the person concerned in Northern Ireland during that period is not lawful under the law of Northern Ireland,
or
(b) if the entitlement of the person concerned to reside in Northern Ireland during that period is subject to a condition that is the same as or similar to a condition which, if applicable in respect of an entitlement to reside in the State, would, by virtue of subsection (4), render a period of residence in the State pursuant to such an entitlement not reckonable for the purposes of calculating a period of residence under the said section 6A.
(6) A declaration referred to in subsection (2) or (3) shall be accompanied by such verifying documents (if any) as may be prescribed.]
Annotations
Amendments:
F16
Inserted (1.01.2005) by Irish Nationality and Citizenship Act 2004 (38/2004), s. 4, S.I. No. 873 of 2004.
F17
Substituted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 4, S.I. No. 389 of 2023.
Editorial Notes:
E17
Power pursuant to section exercised (4.01.2005) by Irish Nationality and Citizenship Regulations 2005 (S.I. No. 1 of 2005).
Section 7
F18[
Citizenship by descent.
7.—(1) A person is an Irish citizen from birth if at the time of his or her birth either parent was an Irish citizen or would if alive have been an Irish citizen.
(2) The fact that the parent from whom a person derives citizenship had not at the time of the person’s birth done an act referred to in section 6(2)(a) shall not of itself exclude a person from the operation of subsection (1).
(3) Subsection (1) shall not confer Irish citizenship on a person born outside the island of Ireland if the parent through whom he or she derives citizenship was also born outside the island of Ireland unless—
(a) that person’s birth is registered under section 27, or
(b) the parent through whom that person derives citizenship was at the time of that person’s birth abroad in the public service:
Provided that the Irish citizenship of a person who, after 1 July, 1986, is registered under section 27 shall commence only as on and from the date of such registration.
F19[(3A) A person to whom paragraph (b) of subsection (3) applies shall be deemed to have been born F20[in] the island of Ireland for the purposes of that subsection.]
F21[(3B) A person born outside the island of Ireland, other than a person to whom subsection (3)(b) applies, who derives citizenship through a parent who—
(a) was born in the island of Ireland, and
(b) at the time of the person’s birth was abroad in the public service,
shall be deemed to have been born in the island of Ireland for the purposes of this section.
(3C) Subsection (3B) shall apply to a person born before or after the coming into operation of section 5 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023.]
(4) Nothing in this section shall confer Irish citizenship on a person not an Irish citizen immediately before its coming into operation, nor deprive of Irish citizenship a person who immediately before its coming into operation was an Irish citizen.]
Annotations
Amendments:
F18
Substituted (2.12.1999) by Irish Nationality and Citizenship Act 2001 (15/2001), s. 3(1), commenced as per s. 9(3).
F19
Inserted (13.12.2017) by Diplomatic Relations (Miscellaneous Provisions) Act 2017 (33/2017), s. 9(c), commenced on enactment.
F20
Substituted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 5(a), S.I. No. 389 of 2023.
F21
Inserted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 5(b), S.I. No. 389 of 2023.
Editorial Notes:
E18
Previous affecting provision: subs. (2) amended (1.07.1986) by Irish Nationality and Citizenship Act 1986 (23/1986), s. 2, commenced on enactment; section substituted as per F-note above.
Section 8
Acquisition of citizenship on marriage.
8. —F22[…]
Annotations
Amendments:
F22
Repealed (30.11.2002) by Irish Nationality and Citizenship Act 2001 (15/2001), s. 4(1), S.I. No. 128 of 2002, subject to transitional provision in subs. (2).
Editorial Notes:
E19
Previous affecting provision: section substituted (1.07.1986) by Irish Nationality and Citizenship Act 1986 (23/1986), s. 3, commenced on enactment.
Section 9
Citizenship of posthumous children.
9. —F23[…].
Annotations
Amendments:
F23
Repealed (1.01.2005) by Irish Nationality and Citizenship Act 2004 (38/2004), s. 5, S.I. No. 873 of 2004.
Section 10
Citizenship of foundlings.
F24[10.—Every deserted newborn child first found in the State shall, unless the contrary is proved, be deemed to have been born in the island of Ireland to parents at least one of whom is an Irish citizen.]
Annotations
Amendments:
F24
Substituted (1.01.2005) by Irish Nationality and Citizenship Act 2004 (38/2004), s. 5, S.I. No. 873 of 2004.
Section 11
Citizenship of adopted children.
11. —(1) Upon an adoption order being made, under F25[an adoption order within the meaning of section 3 (1) of the Adoption Act 2010 or an intercountry adoption effected outside the State being recognised within the meaning of that Act] in a case in which the adopter or, where the adoption is by a married couple, either spouse is an Irish citizen, the adopted child, if not already an Irish citizen, shall be an Irish citizen.
(2) Section 25 of the Adoption Act, 1952, is hereby repealed.
Annotations
Amendments:
F25
Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 175(d), S.I. No. 511 of 2010.
Section 12
Grant of citizenship as token of honour.
12. —(1) 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.
(2) A certificate of Irish citizenship shall be issued to the person to whom Irish citizenship is so granted and he shall, from the date of the certificate, be an Irish citizen.
(3) Notice of the issue of the certificate of citizenship shall be published as soon as may be in Iris Oifigiúil.
Section 13
Citizenship of persons born on ships and aircraft.
13. —(1) A person born in an Irish ship or an Irish aircraft wherever it may be is deemed to be born in F26[the island of Ireland].
(2) F27[…]
Annotations
Amendments:
F26
Substituted (1.01.2005) by Irish Nationality and Citizenship Act 2004 (38/2004), s. 7, S.I. No. 873 of 2004.
F27
Repealed (2.12.1999) by Irish Nationality and Citizenship Act 2001 (15/2001), s. 3(2), commenced as per s. 9(3).
PART III.
Naturalisation.
Section 14
Certificates of naturalisation.
14. —Irish citizenship may be conferred on F28[a non-national] by means of a certificate of naturalisation granted by the Minister.
Annotations
Amendments:
F28
Substituted (30.11.2002) by Irish Nationality and Citizenship Act 2001 (15/2001), s. 8(a), S.I. No. 128 of 2002.
Section 15
Conditions for issue of certificate.
F29[15.—(1) Upon receipt of an application for a certificate of naturalisation, the Minister may, in his absolute discretion, grant the application, if satisfied that the applicant—
F30[(a) is of full age;]
(b) is of good character;
(c) has had a period of one year’s continuous residence in the State immediately before the date of the application and, during the eight years immediately preceding that period, has had a total residence in the State amounting to four years;
(d) intends in good faith to continue to reside in the State after naturalisation; and
F30[(e) has, in accordance with subsection (1A) or, as the case may be, subsection (1B), and in the prescribed manner—
(i) made a declaration of fidelity to the nation and loyalty to the State, and
(ii) undertaken to faithfully observe the laws of the State and respect its democratic values.]
F31[(1A) The declaration referred to in paragraph (e) of subsection (1) shall be made, and the undertaking referred to in that paragraph shall be given—
(a) subject to subsection (1B), in a citizenship ceremony, or
(b) in such manner as the Minister, for special reasons, allows.
(1B) The Minister may—
(a) dispense with the requirement under subsection (1A)(a) that the declaration be made and the undertaking be given in a citizenship ceremony, and
(b) allow the applicant to make the declaration and give the undertaking in such manner as the Minister may specify,
where the Minister is of the opinion that, having regard to the number of applications of which he is in receipt, it is appropriate to do so in the interests of ensuring that such applications are dealt with in an efficient manner.]
(2) The conditions specified in paragraphs (a) to (e) of F30[subsection (1) and paragraphs (a) to (d) of section 15B(1)] are referred to in this Act as conditions for naturalisation.]
F32[(3) F33[…]]
F34[(4) F33[…]]
Annotations
Amendments:
F29
Substituted (1.07.1986) by Irish Nationality and Citizenship Act 1986 (23/1986), s. 4, commenced on enactment.
F30
Substituted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 6(a)(i), (ii), (c), S.I. No. 389 of 2023.
F31
Inserted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 6(b), S.I. No. 389 of 2023.
F32
Inserted (1.01.2005) by Irish Nationality and Citizenship Act 2004 (38/2004), s. 8(b), S.I. No. 873 of 2004.
F33
Deleted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 6(d), S.I. No. 389 of 2023.
F34
Inserted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 33(b)(ii), commenced on enactment.
Editorial Notes:
E20
Previous affecting provision: subs. (1)(e) substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 33(b)(i), commenced on enactment; substituted (31.07.2023) as per F-note above.
E21
Previous affecting provision: subs. (1)(a) substituted (1.01.2005) by Irish Nationality and Citizenship Act 2004 (38/2004), s. 8(a), S.I. No. 873 of 2004; substituted (31.07.2023) as per F-note above.
Section 15A
F35[
Naturalisation of spouses of Irish citizens.
F36[15A.— (1) Notwithstanding the provisions of section 15, the Minister may, in his or her absolute discretion, grant an application for a certificate of naturalisation to the non-national spouse or civil partner of an Irish citizen if satisfied that the applicant—
(a) is of full age,
(b) is of good character,
(c) and that citizen—
(i) are married to each other, have been married to each other for a period of not less than 3 years, and are living together, as attested to by affidavit submitted by the citizen to the Minister in the prescribed form, or
(ii) are civil partners of each other, have been civil partners of each other for a period of not less than 3 years, and are living together, as attested to by affidavit submitted by the citizen to the Minister in the prescribed form,
(d) is, in the case of a spouse, in a marriage recognised under the laws of the State as subsisting,
(e) had, immediately before the date of the application, a period of one year’s continuous residence in the island of Ireland,
(f) had, during the 4 years immediately preceding that period, a total residence in the island of Ireland amounting to 2 years,
(g) intends in good faith to continue to reside in the island of Ireland after naturalisation, and
F37[(h) has, in accordance with subsection (1A) or, as the case may be, subsection (1B), and in the prescribed manner—
(i) made a declaration of fidelity to the nation and loyalty to the State, and
(ii) undertaken to faithfully observe the laws of the State and respect its democratic values.]
F38[(1A) The declaration referred to in paragraph (h) of subsection (1) shall be made, and the undertaking referred to in that paragraph shall be given—
(a) subject to subsection (1B), in a citizenship ceremony, or
(b) in such manner as the Minister, for special reasons, allows.
(1B) The Minister may—
(a) dispense with the requirement under subsection (1A)(a) that the declaration be made and the undertaking be given in a citizenship ceremony, and
(b) allow the applicant to make the declaration and give the undertaking in such manner as the Minister may specify,
where the Minister is of the opinion that, having regard to the number of applications of which he or she is in receipt, it is appropriate to do so in the interests of ensuring that such applications are dealt with in an efficient manner.]
(2) The Minister may, in his or her absolute discretion, waive the conditions at paragraph (c), (e), (f) or (g) of subsection (1) or any of them if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.
(3) Paragraph (g) of subsection (1) shall not apply to an applicant for a certificate of naturalisation to whom subsection (4) applies.
(4) Any period of residence outside the island of Ireland, during which—
(a) the applicant for a certificate of naturalisation to which this section applies was—
(i) married to and living with his or her spouse, or
(ii) in a civil partnership with and living with his or her civil partner,
and
(b) the applicant’s spouse or, as the case may be, civil partner was in the public service, shall be reckoned as a period of residence in the island of Ireland for the purposes of calculating—
(i) continuous residence under paragraph (e) of subsection (1), or
(ii) total residence under paragraph (f) of that subsection.]]
Annotations
Amendments:I
F35
Inserted (30.11.2002) by Irish Nationality and Citizenship Act 2001 (15/2001), s. 5, S.I. No. 128 of 2002.
F36
Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 33(c), commenced on enactment.
F37
Substituted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 7(a), S.I. No. 389 of 2023.
F38
Inserted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 7(b), S.I. No. 389 of 2023.
Editorial Notes:
E22
The section title is taken from the amending section in absence of one included in the amendment.
E23
Previous affecting provision: subss. (3), (4) inserted (1.01.2005) by Irish Nationality and Citizenship Act 2004 (38/2004), s. 9, S.I. No. 873 of 2004; section substituted as per F-note above.
Section 15B
F39[
Naturalisation of minors born in State
15B.— (1) Upon receipt of an application under this section for a certificate of naturalisation in respect of a minor, the Minister may, in his or her absolute discretion, grant the application if satisfied that the minor—
(a) was born in the State,
(b) subject to subsection (2), is of good character,
(c) has had a period of one year’s continuous residence in the State immediately before the date of the application and, during the eight years immediately preceding that period, has had a total residence in the State amounting to two years, and
(d) subject to subsection (3), has, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons allows—
(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and
(ii) undertaken, in the prescribed manner, to faithfully observe the laws of the State and to respect its democratic values.
(2) Where a minor is under 14 years of age on the date of his or her application under this section for a certificate of naturalisation, the condition at paragraph (b) of subsection (1) shall apply to him or her only where he or she—
(a) is charged with, and is awaiting trial for, or
(b) is or has been convicted of,
murder, manslaughter, rape, rape under section 4 of the Criminal Law (Rape) (Amendment) Act 1990 or aggravated sexual assault within the meaning of section 3 of that Act.
(3) The condition at paragraph (d) of subsection (1) shall not apply to a minor who is under 14 years of age on the date of the application for a certificate of naturalisation.
(4) The Minister may, in his or her absolute discretion, waive the conditions at paragraph (b) or (d), or both, of subsection (1) in respect of a minor who is 14 years of age or over on the date of the application for a certificate of naturalisation, if the Minister considers it appropriate to do so having regard to the particular circumstances of the minor concerned.
(5) An application under this section in respect of a minor shall be made on behalf of the minor by his or her parent or guardian, or by a person who is in loco parentis to him or her.]
Annotations
Amendments:
F39
Inserted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 8, S.I. No. 389 of 2023.
Section 15C
F40[
Calculation of continuous residence for purposes of sections 15, 15A and 15B
15C.— (1) When calculating a period of one year’s continuous residence in the State for the purposes of section 15 or 15B, the periods specified in subsection (3) during which—
(a) an applicant for a certificate of naturalisation under section 15, or
(b) a minor (in this section referred to as a “minor applicant”) in respect of whom an application for a certificate of naturalisation is made under section 15B,
was not present in the State shall be reckoned as a period of residence in the State.
(2) When calculating a period of one year’s continuous residence in the island of Ireland for the purposes of section 15A, the periods specified in subsection (3) during which an applicant for a certificate of naturalisation under that section was not present in the island of Ireland shall, subject to subsection (4), be reckoned as a period of residence in the island of Ireland.
(3) The following periods are specified for the purposes of subsections (1) and (2):
(a) a period not exceeding, or periods the aggregate of which do not exceed, 70 days, and
(b) an additional period not exceeding, or such additional periods the aggregate of which do not exceed, 30 days, where the Minister is satisfied that the person’s not being present in the State or in the island of Ireland, as the case may be, during such additional period or periods was necessitated by—
(i) in the case of a minor applicant, exceptional circumstances relating to the minor applicant, or the person who made the application on his or her behalf, or both, and
(ii) in any other case, exceptional circumstances relating to the person.
(4) Where section 15A(4) applies to an applicant for a certificate of naturalisation, the periods specified in subsection (3) shall be in addition to any period of residence outside the island of Ireland referred to in section 15A(4).
(5) In this section—
“day” does not include part of a day;
“exceptional circumstances”, in relation to a person not being in the State or the island of Ireland, means one or more of the following:
(a) the family or personal circumstances of the person;
(b) the health requirements of the person or of a family member of the person;
(c) requirements arising out of, or in the course of, the employment, trade or profession of the person;
(d) requirements in pursuance of a course of study or a professional qualification of the person;
(e) any voluntary service by the person for humanitarian purposes;
(f) such other circumstances resulting in the person’s not being present in the State or in the island of Ireland, as the case may be, as the Minister considers to be outside the control of the person;
“family member”, in relation to a person, means—
(a) the spouse, civil partner or cohabitant of the person,
(b) a child, step-child, son-in-law or daughter-in-law of the person,
(c) a parent, step-parent, mother-in-law or father-in-law of the person,
(d) a brother, sister, step-brother, step-sister, brother-in-law, sister-in-law, half-brother or half-sister of the person,
(e) a grandparent or grandchild of the person, or
(f) an aunt, uncle, nephew or niece of the person.]
Annotations
Amendments:
F40
Inserted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 8, S.I. No. 389 of 2023.
Section 15D
F41[
Saver for certificates of naturalisation
15D.— A certificate of naturalisation granted under this Act before the coming into operation of sections 6, 7 and 8 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023 shall be valid so long as the certificate remains unrevoked.]
Annotations
Amendments:
F41
Inserted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 8, S.I. No. 389 of 2023.
Section 15E
F42[
Transitional provisions relating to applications for certificates of naturalisation
15E.— (1) Where, before the date on which this subsection comes into operation, an application for a certificate of naturalisation has been made—
(a) under section 15 in respect of a person who is of full age, or
(b) under section 15A in respect of a non-national spouse or civil partner of an Irish citizen,
and, by that date, the application has not been determined under section 15 or section 15A, as the case may be, the application shall be deemed to have been made under section 15 (as amended by section 6 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023) or 15A (as amended by section 7 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023), as the case may be, and this Act shall apply accordingly.
(2) Where, before the date on which this subsection comes into operation, an application for a certificate of naturalisation has been made under section 15 on behalf of a minor and, by that date, the application has not been determined, the application shall be deemed to have been made on behalf of that minor under section 15B (inserted by section 8 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023) and this Act shall apply accordingly.]
Annotations
Amendments:
F42
Inserted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 8, S.I. No. 389 of 2023.
Section 16
Power to dispense with conditions of naturalisation in certain cases.
F43[16. —(1) The Minister may, in his absolute discretion, grant an application for a certificate of naturalisation in the following cases, although the conditions for naturalisation (or any of them) are not complied with:
(a) where the applicant is of Irish descent or Irish associations;
(b) where the applicant is a parent or guardian acting on behalf of a minor of Irish descent or Irish associations;
(c) where the applicant is a naturalised Irish citizen acting on behalf of a minor child of the applicant;
(d) F44[…]
(e) F44[…]
(f) where the applicant is or has been resident abroad in the public service;
(g) where the applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees of the 28th day of July, 1951, and the Protocol Relating to the Status of Refugees of the 31st day of January, 1967, or is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless Persons of the 28th day of September, 1954.]
F45[(2) For the purposes of this section a person is of Irish associations if—
(a) he or she is related by blood, affinity or adoption to F46[, or is the civil partner of,] a person who is an Irish citizen or entitled to be an Irish citizen, or
(b) he or she was related by blood, affinity or adoption to F46[, or was the civil partner of,] a person who is deceased and who, at the time of his or her death, was an Irish citizen or entitled to be an Irish citizen.]
Annotations
Amendments:
F43
Substituted (1.07.1986) by Irish Nationality and Citizenship Act 1986 (23/1986), s. 5, commenced on enactment.
F44
Deleted (30.11.2002) by Irish Nationality and Citizenship Act 2001 (15/2001), s. 8(b), S.I. No. 128 of 2002.
F45
Inserted (1.01.2005) by Irish Nationality and Citizenship Act 2004 (38/2004), s. 10, S.I. No. 873 of 2004.
F46
Inserted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 33(d)(i), (ii), commenced on enactment.
Editorial Notes:
E24
Subs. (1) designated as such in the absence of subsection numbering in the provision inserting subs. (2).
Section 16A
F47[
Calculation of period of residence in relation to application for naturalisation.
16A.—F48[(1) A period of residence in the State shall not be reckoned when calculating a period of residence for the purposes of granting a certificate of naturalisation if—
(a) it is in contravention of section 5(1) of the Act of 2004,
(b) it is in accordance with a permission given to a person under section 4 of the Act of 2004 for the purpose of enabling him or her to engage in a course of education or study in the State, or
(c) it consists of a period during which a person (other than a person who was, during that period, a national of a Member State, an EEA state or the Swiss Confederation) referred to in F49[subsection (1) of section 16 of the International Protection Act 2015] is entitled to remain in the State in accordance only with the said subsection.]
(2) This section does not apply to a person to whom the provisions of the Aliens Act, 1935, do not apply by virtue of an order made under section 10 of that Act.
(3) This section does not apply in the calculation of a period of residence in the State for the purposes of an application for a certificate of naturalisation made before the commencement of section 6 of the Irish Nationality and Citizenship Act, 2001.]
F50[(4) Where a person referred to in section 2 (1) or 2(1A) of the Immigration Act 2004 is resident in the State, such residence shall not be reckonable as a period of residence in the State for the purposes of granting a certificate of naturalisation.]
Annotations
Amendments:
F47
Inserted (30.11.2002) by Irish Nationality and Citizenship Act 2001 (15/2001), s. 6, S.I. No. 128 of 2002.
F48
Substituted (1.01.2005) by Irish Nationality and Citizenship Act 2004 (38/2004), s. 11, S.I. No. 873 of 2004.
F49
Substituted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 9, S.I. No. 389 of 2023.
F50
Inserted (13.12.2017) by Diplomatic Relations (Miscellaneous Provisions) Act 2017 (33/2017), s. 9(d), commenced on enactment.
Editorial Notes:
E25
The section title is taken from the amending section in absence of one included in the amendment.
E26
Previous affecting provision: subs. (1)(b)(i), (ii) amended (13.02.2004) by Immigration Act 2004 (1/2004), s. 16(1)(a), (b), commenced on enactment; subs. (1) substituted as per F-note above.
Section 17
Form of application.
F51[17. —An application for a certificate of naturalisation shall be—
(a) in the prescribed form, and
(b) accompanied by—
(i) such fee (if any) as may be prescribed, and
(ii) such evidence (including statutory declarations) to vouch the application as the Minister may require.]
Annotations
Amendments:
F51
Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 33(e), commenced on enactment.
Editorial Notes:
E27
Previous affecting provision: subs. (2) deleted (1.01.2005) by Irish Nationality and Citizenship Act 2004 (38/2004), s. 12, S.I. No. 873 of 2004; section substituted as per F-note above.
E28
Previous affecting provision: subs. (2) substituted (1.07.1986) by Irish Nationality and Citizenship Act 1986 (23/1986), s. 6, commenced on enactment; subsection substituted as per E-note above.
Section 18
Effect and operation of certificate of naturalisation.
18. —(1) Every person to whom a certificate of naturalisation is granted shall, from the date of issue and so long as the certificate remains unrevoked, be an Irish citizen.
(2) A certificate of naturalisation shall be in the prescribed form and be issued on payment of the prescribed fee, and notice of issue shall be published in the prescribed manner in Iris Oifigiúil.
Annotations
Editorial Notes:
E29
Previous affecting provision: power pursuant to subs. (2) exercised (1.08.2008) by Irish Nationality and Citizenship (Fees) Regulations 2008 (S.I. No. 294 of 2008), in effect as per reg. 1(2); revoked (10.11.2011) by Irish Nationality and Citizenship Regulations 2011 (S.I. No. 569 of 2011), reg. 2(c), in effect as per reg. 1(2).
Section 19
Revocation of certificates of naturalisation.
19. —(1) The Minister may revoke a certificate of naturalisation if he is satisfied—
(a) that the issue of the certificate was procured by fraud, misrepresentation whether innocent or fraudulent, or concealment of material facts or circumstances, or
(b) that 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, or
(c) that (except in the case of a certificate of naturalisation which is issued to a person of Irish descent or associations) the person to whom it is granted has been ordinarily F52[resident outside the State or, in the case of an application for a certificate of naturalisation granted under section 15A, resident outside the island of Ireland] (otherwise than in the public service) for a continuous period of seven years and without reasonable excuse has not during that period registered annually in the prescribed manner his name and a declaration of his intention to retain Irish citizenship with an Irish diplomatic mission or consular office or with the Minister, or
(d) that the person to whom it is granted is also, under the law of a country at war with the State, a citizen of that country, or
(e) that the person to whom it is granted has by any voluntary F53[act, other than marriage or entry into a civil partnership,] acquired another citizenship.
(2) F54[…]
(3) F54[…]
(4) Where there is entered in a certificate of naturalisation granted to a person under the Act of 1935 the name of any child of that person, such entry shall for the purposes of this Act be deemed to be a certificate of naturalisation under the Act of 1935.
(5) A certificate of naturalisation granted or deemed under subsection (4) to have been granted under the Act of 1935 may be revoked in accordance with the provisions of this section and, upon such revocation, the person concerned shall cease to be an Irish citizen.
(6) Notice of the revocation of a certificate of naturalisation shall be published in Iris Oifigiúil.
Annotations
Amendments:
F52
Substituted (30.11.2002) by Irish Nationality and Citizenship Act 2001 (15/2001), s. 8, S.I. No. 128 of 2002.
F53
Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 33(f), commenced on enactment.
F54
Declared unconstitutional (10.02.2021) by Damache v The Minister for Justice and Equality, Ireland and the Attorney General [2021] IESC 6 (Dunne J).
Section 20
F55[Acquisition of citizenship by person who is married or a civil partner.
20.— Acquisition of Irish citizenship by a person shall not of itself confer Irish citizenship on his or her spouse or civil partner.]
Annotations
Amendments:
F55
Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 33(g), commenced on enactment.
PART IV.
Loss of Citizenship.
Section 21
Renunciation of citizenship.
21. —F56[(1) If an Irish citizen of full age is or is about to become a citizen of another country and for that reason desires to renounce citizenship, he or she may do so, if ordinarily resident outside the State, by lodging with the Minister a declaration of alienage in the prescribed manner, and, upon lodgment of the declaration or, if not then a citizen of that country, upon becoming such, shall cease to be an Irish citizen.]
(2) An Irish citizen may not, except with the consent of the Minister, renounce Irish citizenship under this section during a time of war as defined in Article 28.3.3° of the Constitution.
Annotations
Amendments:
F56
Substituted (1.07.1986) by Irish Nationality and Citizenship Act 1986 (23/1986), s. 7, commenced on enactment.
Section 22
F57[
Non-effect of death or loss of citizenship on person’s spouse, civil partner or children.
22. —(1) The death of an Irish citizen shall not affect the citizenship of his or her surviving spouse, civil partner or children.
(2) Loss of Irish citizenship by a person shall not of itself affect the citizenship of his or her spouse, civil partner or children.]
Annotations
Amendments:
F57
Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 33(h), commenced on enactment.
Section 23
F58[
Marriage or civil partnership not to effect loss of citizenship.
23. —A person who marries, or enters into a civil partnership with, a non-national shall not, merely by virtue of the marriage or civil partnership, cease to be an Irish citizen, whether or not he or she acquires the nationality of the non-national.]
Annotations
Amendments:
F58
Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 33(i), commenced on enactment.
Editorial Notes:
E30
Previous affecting provision: section amended (30.11.2002) by Irish Nationality and Citizenship Act 2001 (15/2001), s. 8(d), S.I. No. 128 of 2002; section substituted as per F-note above.
Section 24
Loss of citizenship by operation of foreign law under section 21 of Act of 1935.
24. —No person shall be deemed ever to have lost Irish citizenship under section 21 of the Act of 1935 merely by operation of the law of another country whereby citizenship of that country is conferred on that person without any voluntary act on his part.
Section 25
Preservation of obligations on cesser of citizenship.
25. —If a person ceases to be an Irish citizen the cesser of his citizenship shall not of itself operate to discharge any obligation, duty or liability undertaken, imposed or incurred before the cesser.
PART V.
General.
Section 26
Mutual citizenship rights.
26. —(1) Where the Government are satisfied that under the law of another country (whether by virtue of a convention between that country and the State or otherwise) Irish citizens enjoy in that country some or all of the rights and privileges of a citizen of that country, the Government may by order (in this section referred to as a citizenship rights order) declare that citizens of that country shall enjoy in the State similar citizenship rights and privileges to those enjoyed by Irish citizens in that country, but subject to such conditions (if any) as the Government may think fit to impose.
(2) Every citizenship rights order shall have effect in accordance with its terms.
(3) The Government may by order revoke or amend an order under this section.
(4) The Government shall not, by a citizenship rights order, confer upon a citizen of another country any right or privilege reserved by law to any class or group of persons, howsoever defined, of which he is, at the relevant time, not a member.
(5) Every order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the order is passed by either House within the next twenty-one days after that House has sat after the order was laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
(6) Every order made before the passing of this Act under section 23 of the Act of 1935 conferring citizenship rights on the citizens of another country shall continue in full force and effect until revoked or amended by an order made under this section.
Section 27
Registry of births abroad.
27. —F59[(1) A foreign births entry book shall be kept at such Irish diplomatic missions and consular offices as the Minister for Foreign Affairs may, from time to time, specify in regulations.]
F60[(1A) A foreign births register shall be kept in the Department of Foreign Affairs in Dublin.]
(2) The F59[birth outside the island of Ireland] of a person deriving citizenship through a father or mother F59[so born] may be registered, in accordance with the foreign births regulations, either in any foreign births entry book or in the foreign births register, at the option of the person registering the birth.
(3) Particulars of all births entered in a foreign births entry book shall be transmitted, from time to time, in accordance with the foreign births regulations, to the Department of F59[Foreign Affairs] for entry in the foreign births register.
F61[(3A) A register for the purpose of the registration of gender recognition of foreign births shall be kept in the Department of Foreign Affairs and Trade, and on receipt of an application in that behalf by a person referred to in subparagraph (iii) of section 9 (1)(a) of the Gender Recognition Act 2015 to whom a gender recognition certificate is issued, particulars of the person’s gender recognition shall be entered in that register.]
(4) A document purporting to be a copy of an entry in a foreign births entry book or in the foreign births register F61[or, where applicable, an entry in the register referred to in subsection (3A)], and to be duly authenticated, shall be admitted in evidence without proof of the signature or seal whereby it is authenticated or of the authority of the person whose signature or seal appears thereon and shall, until the contrary is proved, be deemed a true copy of the entry and accepted as proof of the fact and terms thereof.
(5) The Minister for F59[Foreign Affairs] may make regulations (in this Act referred to as the foreign births regulations) respecting the form and manner of keeping of foreign births entry books and the foreign births register, the registration of births therein, F60[the amendment or deletion of incorrect entries therein,] the transmission of particulars of births from foreign births entry books for entry in the foreign births register, the inspection of the books and register by the public, the furnishing of extracts therefrom, and (with the consent of the Minister for Finance) the fees (if any) to be charged for registration of births in the books and register, for the inspection thereof and for furnishing extracts therefrom.
F61[(5A) Regulations may also be made under subsection (5) for the purposes of the register referred to in subsection (3A) respecting the form and manner of keeping of the register, the registration of gender recognition therein, the persons to whom extracts there from may be furnished, the amendment or deletion of incorrect entries therein, the amendment or deletion of an entry in the register to correspond with an amendment or deletion of an incorrect entry in the foreign births register, the amendment or deletion of an entry where the Minister for Foreign Affairs and Trade is notified under the Gender Recognition Act 2015 that a gender recognition certificate is amended or revoked, making a traceable connection between the foreign births register and the register referred to in subsection (3A), confidentiality attaching to such traceable connection and to the register referred to in subsection (3A) and (with the consent of the Minister for Public Expenditure and Reform) the fees (if any) to be charged for registration of gender recognition in the register and for furnishing extracts thereof.]
F60[(6) Where the foreign births regulations provide for the amendment or deletion of incorrect entries made in any foreign births entry book or the foreign births register, the regulations may, at the discretion of the Minister for Foreign Affairs, also provide for notice to be given and the time in which notice shall be given, before any such proposed amendment or deletion is made, to any person (whose whereabouts is known and can readily be found) affected by the proposal and the manner, the time in which and to whom representations may be made in respect of the proposal by any such person.]
F61[(7) In this section “gender recognition certificate” has the same meaning as it has in the Gender Recognition Act 2015;]
Annotations
Amendments:
F59
Substituted (30.11.2002) by Irish Nationality and Citizenship Act 2001 (15/2001), s. 7(a), (b), (c), (e), S.I. No. 128 of 2002.
F60
Inserted (30.11.2002) by Irish Nationality and Citizenship Act 2001 (15/2001), s. 7(a), (d), (f), S.I. No. 128 of 2002.
F61
Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 31(a)-(d), S.I. No. 369 of 2015.
Modifications (not altering text):
C4
Functions transferred and references to “Department of Finance” and “Minister for Finance” under subs. (5) construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art.1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order,be construed as references to the Minister for Public Expenditure and Reform.
…
Schedule 1
Enactments
…
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 26 of 1956
Irish Nationality and Citizenship Act 1956
Sections 3(1), 27(5) and 31(1)
…
…
…
C5
Transitional provisions for registration under section prescribed (1.05.1994) by Irish Nationality and Citizenship Act 1994 (9/1994), s. 2, commenced on enactment.
Registration of births outside Ireland.
2.—(1) Where a person, during the transitional period, lodged an application for the registration under section 27 of the Act of 1956 of a birth outside Ireland and the birth would have been registrable under the Irish Nationality and Citizenship Acts, 1956 and 1986, during the transitional period but was not so registered, then—
(a) where the birth has not been registered before the passing of this Act, that birth may be registered under the said section 27, or
(b) where the birth has been registered after the transitional period but before the passing of this Act, that birth may be re-registered under the said section 27.
(2) A birth registered or re-registered under section 27 of the Act of 1956 by virtue of subsection (1) of this section shall be deemed to have been registered on the 1st day of July, 1986.
(3) A birth registered under section 27 of the Act of 1956 during the transitional period shall be deemed to have been registered on the 1st day of July, 1986.
Editorial Notes:
E31
Power pursuant to subs. (5) exercised (1.12.2017) by Gender Recognition of Foreign Births Regulations 2017 (S.I. No. 539 of 2017), in effect as per reg. 1(2).
E32
Power pursuant to subs. (5) exercised (1.03.2013) by Foreign Births Regulations 2013 (S.I. No. 47 of 2013), in effect as per reg. 2.
E33
Power pursuant to subs. (5) exercised (30.05.1994) by Foreign Births (Amendment) Regulations 1994 (S.I. No. 155 of 1994), in effect as per reg. 2.
E34
Power pursuant to subs. (5) exercised (1.01.1989) by Foreign Births (Amendment) Regulations 1988 (S.I. No. 341 of 1988), in effect as per reg. 2.
E35
Power pursuant to subs. (5) exercised (1.01.1986) by Foreign Births (Amendment) Regulations 1985 (S.I. No. 363 of 1985), in effect as per reg. 2.
E36
Power pursuant to subs. (5) exercised (1.08.1981) by Foreign Births (Amendment) Regulations 1981 (S.I. No. 259 of 1981), in effect as per reg. 2.
E37
Power pursuant to subs. (5) exercised (2.06.1980) by Foreign Births (Amendment) Regulations 1980 (S.I. No. 94 of 1980), in effect as per reg. 2.
E38
Previous affecting provision: power pursuant to section exercised (1.11.2009) by Foreign Births (Amendment) Regulations 2009 (S.I. No. 408 of 2009), in effect as per reg. 1(3); revoked (1.03.2013) by Foreign Births Regulations 2013 (S.I. No. 47 of 2013), reg. 14(1), in effect as per reg. 2.
E39
Previous affecting provision: power pursuant to subs. (5) exercised (1.01.1977) by Foreign Births (Amendment) Regulations 1976 (S.I. No. 273 of 1976), in effect as per reg. 2; revoked (2.06.1980) by Foreign Births (Amendment) Regulations 1980 (S.I. No. 94 of 1980), reg. 5, in effect as per reg. 2.
E40
Previous affecting provision: power pursuant to subs. (5) exercised (1.01.1975) by Foreign Births (Amendment) Regulations 1974 (S.I. No. 349 of 1974), in effect as per reg. 2; revoked (1.01.1977) by Foreign Births (Amendment) Regulations 1976 (S.I. No. 273 of 1976), reg. 5, in effect as per reg. 2.
E41
Previous affecting provision: power pursuant to subs. (5) exercised (9.08.1956) by Foreign Births Regulations 1956 (S.I. No. 224 of 1956); revoked (1.03.2013) by Foreign Births Regulations 2013 (S.I. No. 47 of 2013), reg. 14(1), in effect as per reg. 2, subject to transitional provision in reg. 14(2).
Section 28
Certificates of nationality.
28. —(1) Any person who claims to be an Irish citizen, other than a naturalised Irish citizen, may apply to the Minister or, if resident outside F62[the island of Ireland], to any Irish diplomatic officer or consular officer for a certificate of nationality stating that the applicant is, at the date of the certificate, an Irish citizen; and the Minister or officer, if satisfied that—
(a) the applicant is an Irish citizen, and
(b) the issue of the certificate is necessary in all the circumstances of the case,
may issue a certificate of nationality to him accordingly.
(2) A document purporting to be a certificate of nationality, duly authenticated by the seal of the Minister or of a diplomatic or F63[consular officer, or by the signature of an officer of the Minister duly authorised in that behalf by the Minister,] shall, until the contrary is proved, be evidence that the person named therein was, at the date thereof, an Irish citizen.
F64[(3) The Minister may revoke a certificate of nationality if he or she is satisfied that the issue of the certificate was obtained by fraud, misrepresentation (including innocent misrepresentation) or failure to disclose material information.]
Annotations
Amendments:
F62
Substituted (30.11.2002) by Irish Nationality and Citizenship Act 2001 (15/2001), s. 8(e), S.I. No. 128 of 2002.
F63
Substituted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 10, S.I. No. 389 of 2023.
F64
Inserted (1.01.2005) by Irish Nationality and Citizenship Act 2004 (38/2004), s. 13, S.I. No. 873 of 2004.
Section 28A
F65[
Applications for certificates of nationality by persons to whom section 6A applies.
28A.—(1) A person who makes an application under section 28 shall make and provide to the Minister or an Irish diplomatic or consular officer a declaration in such manner as may be prescribed that his or her parent resided in Northern Ireland for such period as is stated in that declaration.
(2) The Minister or an Irish diplomatic or consular officer may require a person who makes an application under section 28 to produce to him or her—
(a) documents of such a class as may be prescribed, or
(b) such other documents as he or she considers necessary or expedient to enable him or her to perform his or her functions under this section.
(3) For the purposes of this section different classes of documents may be prescribed in respect of different classes of person making an application under section 28.
(4) This section applies to a person who claims to be entitled to be an Irish citizen under section 6A(1) by virtue of one of his or her parents having resided—
(a) in Northern Ireland for a period of not less than 3 years or periods the aggregate of which is not less than 3 years, or
(b) in Northern Ireland and the State for periods the aggregate of which is not less than 3 years,
but shall not include a person one of whose parents was, during the entire of that period or those periods and at the time of the person’s birth, a national of a Member State, an EEA state or the Swiss Confederation.
(5) An application under section 28 in respect of a minor shall be made on his or her behalf by his or her parent or guardian, or by a person who is in loco parentis to him or her.
(6) An application under section 28 in respect of a person who is suffering from a mental incapacity shall be made on his or her behalf by a person duly authorised to act on his or her behalf.]
Annotations
Amendments:
F65
Inserted (1.01.2005) by Irish Nationality and Citizenship Act 2004 (38/2004), s. 14, S.I. No. 873 of 2004.
Editorial Notes:
E42
Power pursuant to section exercised (4.01.2005) by Irish Nationality and Citizenship Regulations 2005 (S.I. No. 1 of 2005).
E43
The section title is taken from the amending section in absence of one included in the amendment.
Section 29
Extension to all citizens of statutory rights conferred on persons born in Ireland.
29. —An Irish citizen, wherever born, shall be entitled to all the rights and privileges conferred by the terms of any enactment on persons born in F66[the State].
Annotations
Amendments:
F66
Substituted (30.11.2002) by Irish Nationality and Citizenship Act 2001 (15/2001), s. 8(f), S.I. No. 128 of 2002.
Editorial Notes:
E44
The section title is taken from the amending section in absence of one included in the amendment.
Section 29A
F67[
Offences.
29A.—A person who knowingly or recklessly makes (whether in the State or outside the State)—
(a) a declaration under this Act, or
(b) a statement for the purposes of any application under this Act,
that is false or misleading in any material respect shall be guilty of an offence and shall be liable—
(i) on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months, or to both, or
(ii) on conviction on indictment to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years, or to both.]
Annotations
Amendments:
F67
Inserted (1.01.2005) by Irish Nationality and Citizenship Act 2004 (38/2004), s. 15, S.I. No. 873 of 2004. A fine of €3,000 translates into a class B fine, not greater than €4,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(3) and table ref. no. 1, S.I. No. 662 of 2010.
Section 30
Fees payable on declaration.
30. —Whenever any person is by this Act required or empowered to make a declaration for the purposes of this Act, regulations made under this Act may require that such person shall pay, on the making of such declaration, such fee as may be prescribed.
Section 31
Collection and disposal of fees.
31. —(1) All fees payable under this Act shall be collected and taken in such manner as the Minister for Finance shall, from time to time, direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the said Minister.
(2) The Public Offices Fees Act, 1879, shall not apply in respect of any fees payable under this
S.I. No. 18/1949 –
Australian Citizens (Irish Citizenship Rights) Order, 1949.
AUSTRALIAN CITIZENS (IRISH CITIZENSHIP RIGHTS) ORDER, 1949.
The Government, being satisfied that, by virtue of the Nationality and Citizenship Act, 1948, of the Commonwealth of Australia, Irish citizens now enjoy in Australia certain rights and privileges, do hereby, in exercise of the powers conferred by the Irish Nationality and Citizenship Act, 1935 (No. 13 of 1935), order as follows :—
1. This Order may be cited as the Australian Citizens (Irish Citizenship Rights) Order, 1949.
2. Australian citizens shall, subject to law, enjoy in Ireland similar rights and privileges to those enjoyed by Irish citizens in Australia by virtue of the Nationality and Citizenship Act, 1948.
GIVEN under the Official Seal of the Government, this 26th day of January, 1949.
JOHN A. COSTELLO,
Taoiseach.
.I. No. 2/1949 –
New Zealand Citizens (Irish Citizenship Rights) Order, 1949.
S.I. No. 2 of 1949.
NEW ZEALAND CITIZENS (IRISH CITIZENSHIP RIGHTS) ORDER, 1949.
The Government, being satisfied that by virtue of the British Nationality and New Zealand Citizenship Act, 1948, Irish citizens now enjoy in New Zealand certain rights and privileges, do hereby, in exercise of the powers conferred by the Irish Nationality and Citizenship Act, 1935 (No. 13 of 1935), order as follows :—
1. This Order may be cited as the New Zealand Citizens (Irish Citizenship Rights) Order, 1949.
2. New Zealand citizens shall, subject to law, enjoy in Ireland similar rights and privileges to those enjoyed by Irish citizens in New Zealand by virtue of the British Nationality and New Zealand Citizenship Act, 1948.
GIVEN under the Official Seal of the Government this 1st day of January, 1949.
JOHN A. COSTELLO,
Taoiseach.
S.I. No. 198/1950 –
South African Citizens (Irish Citizenship Rights) Order, 1950.
S.I. No. 198 of 1950.
SOUTH AFRICAN CITIZENS (IRISH CITIZENSHIP RIGHTS) ORDER, 1950.
The Government, being satisfied that, by virtue of the South African Citizenship Act, 1949, which came into force in the Union of South Africa on the 2nd day of September, 1949, Irish citizens in the Union enjoy certain rights and privileges, do hereby, in exercise of the powers conferred by the Irish Nationality and Citizenship Act, 1935 (No. 13 of 1935), order as follows:—
1. This Order may be cited as the South African Citizens (Irish Citizenship Rights) Order, 1950.
2. South African citizens shall, subject to law, enjoy in Ireland, with effect from the 2nd day of September, 1949, similar rights and privileges to those enjoyed by Irish citizens in the Union of South Africa by virtue of the South African Citizenship Act, 1949.
GIVEN under the Official Seal of the Government, this 28th day of July, 1950.
JOHN A. COSTELLO,
Taoiseach.
S.I. No. 11/1951 –
Southern Rhodesian Citizens (Irish Citizenship Rights) Order, 1951.
View SIAmendments
S.I. No. 11 of 1951.
SOUTHERN RHODESIAN CITIZENS (IRISH CITIZENSHIP RIGHTS) ORDER, 1951.
The Government, being satisfied that, by virtue of the Southern Rhodesian Citizenship and British Nationality Act, 1949, which came into force in Southern Rhodesia on the 1st day of January, 1950, Irish citizens in Southern Rhodesia enjoy certain rights and privileges, do hereby, in exercise of the powers conferred by the Irish Nationality and Citizenship Act, 1935 , (No. 13 of 1935), order as follows :—
1. This Order may be cited as the Southern Rhodesian Citizens (Irish Citizenship Rights) Order, 1951.
2. Southern Rhodesian citizens shall, subject to law, enjoy in Ireland, with effect from the 1st day of January, 1950, similar rights and privileges to those enjoyed by Irish citizens in Southern Rhodesia by virtue of the Southern Rhodesian Citizenship and British Nationality Act, 1949.
GIVEN under the Official Seal of the Government, this 16th day of January, 1951.
JOHN A. COSTELLO.
Taoiseach.
S.I. No. 89/1951 –
Canadian Citizens (Irish Citizenship Rights) Order, 1951.
S.I. No. 89 of 1951.
CANADIAN CITIZENS (IRISH CITIZENSHIP RIGHTS) ORDER, 1951.
The Government, being satisfied that, by virtue of the Canadian Citizenship Act, as amended on the 20th day of July, 1950, Irish citizens in Canada enjoy certain rights and privileges, do hereby, in exercise of the powers conferred by the Irish Nationality and Citizenship Act, 1935 (No. 13 of 1935), order as follows :—
1. This Order may be cited as the Canadian Citizens (Irish Citizenship Rights) Order, 1951.
2. Canadian citizens shall, subject to law, enjoy in Ireland, with effect from the 20th day of July, 1950, similar rights and privileges to those enjoyed by Irish citizens in Canada by virtue of the said Canadian Citizenship Act.
GIVEN under the Official Seal of the Government, this 6th day of April, 1951.
JOHN A. COSTELLO,
Taoiseach.
S.I. No. 155/1994 –
Foreign Births (Amendment) Regulations, 1994.
FOREIGN BIRTHS (AMENDMENT) REGULATIONS, 1994.
I, Dick Spring, Minister for Foreign Affairs, in exercise of the powers conferred on me by section 27 (5) of the Irish Nationality and Citizenship Act, 1956 (No. 26 of 1956), as adapted by the External Affairs (Alteration of Name of Department and Title of Minister) Order, 1971 ( S.I. No. 158 of 1971 ), hereby, with the consent of the Minister for Finance, in so far as these regulations relate to fees, make the following regulations:
1. (1) These Regulations may be cited as the Foreign Births (Amendment) Regulations, 1994.
(2) The Foreign Births Regulations 1956 to 1988, and these Regulations may be cited together as the Foreign Births Regulations, 1956 to 1994.
2. These regulations shall come into operation on the 30th day of May 1994.
3. In these Regulations “the Act of 1994” means the Irish Nationality and Citizenship Act, 1994 (No. 9 of 1994).
4. (1) An entry in the foreign births entry book or in the foreign births register made pursuant to section 2 (1) (a) of the Act of 1994 shall include across columns (1) and (2) in addition to the number and date of entry the words “deemed registered on 1 July 1986 under the Act of 1994”.
(2) An entry in the foreign births entry book or in the foreign births register made pursuant to section 2 (1) (b) of the Act of 1994 shall include across columns (1) and (2) in addition to the number and date of entry the words “deemed registered on 1 July 1986 under the Act of 1994”.
(3) An entry in the foreign births entry book or in the foreign births register made pursuant to section 2 (1) (b) of the Act of 1994 shall include in column (1) an annotation of the original entry number by the insertion of the words “see entry………..”, and any earlier entry shall be similarly cross-referenced to the re-registration by the insertion of the words “see entry…………….” in column (1).
(4) Every certified copy of an entry in a foreign births entry book and in a foreign births register as annotated under these regulations shall also be so annotated.
5. No fees shall be charged with respect to re-registrations under section 2 (1) (b) of the Act of 1994 or the addition of the annotations to an existing certified copy of an entry.
GIVEN under my Official Seal, this 25th day of May, 1994.
DICK SPRING,
Minister for Foreign Affairs.
The Minister for Finance consents to the making of the foregoing regulations in so far as they relate to fees.
GIVEN under the Official Seal of the Minister for Finance, this 25th day of May, 1994.
BERTIE AHERN,
Minister for Finance.
EXPLANATORY NOTE.
The purpose of these Regulations is to provide a procedure for the identification of registrations made pursuant to the 1994 Act.
S.I. No. 47/2013 –
Foreign Births Regulations 2013.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 19th February, 2013.
I, EAMON GILMORE, Minister for Foreign Affairs and Trade, in exercise of the powers conferred on me by section 27(5) (as amended by section 7 of the Irish Nationality and Citizenship Act 2001 (No. 15 of 2001)) of the Irish Nationality and Citizenship Act 1956 (No. 26 of 1956) (as adapted by the Foreign Affairs (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 246 of 2011 )) and with the consent of the Minister for Public Expenditure and Reform make the following regulations: hereby order the following Regulations:
1. These Regulations may be cited as the Foreign Births Regulations 2013.
2. These Regulations shall come into operation on 1 March 2013.
3. In these Regulations—
“the Act” means the Irish Nationality and Citizenship Act 1956 (No. 26 of 1956);
“career consular officer” and “honorary consular officer” shall be construed in accordance with section 1 of the Diplomatic and Consular Officers (Provision of Services) Act 1993 ;
“head of mission” and “member of the diplomatic staff” shall have the meaning they have in section 1 of the Diplomatic and Consular Officers (Provision of Services) Act 1993 ;
“the Minister” means the Minister for Foreign Affairs and Trade.
4. The foreign births register may be kept in electronic form and shall include the particulars set out in the Schedule.
5. The birth of a person whose birth is registrable under subsection (2) of section 27 of the Act may be registered in the foreign births register—
(a) at the Department of Foreign Affairs and Trade by—
(i) the Secretary General of the Department of Foreign Affairs and Trade, or
(ii) any officer of the Minister who performs functions as an officer of the Minister in relation to the rendering of consular services;
(b) at an Irish diplomatic mission or consular office by—
(i) the head of the mission,
(ii) a member of the diplomatic staff,
(iii) a career consular officer, or
(iv) an honorary consular officer appointed by the Minister.
6. An entry in the foreign births register shall not be made save at the request of the person whose birth is registrable or, where such person is not of full age, of either parent of that person or of any person present at the birth of or having charge of the person whose birth is registrable and on production of such evidence as may be required.
7. Where an entry is made in the foreign births register at an Irish diplomatic mission or consular office, the person authorised to make the entry under these Regulations shall also enter the particulars of the diplomatic mission or consular office at which the entry is made.
8. The fee to be charged for registration in the foreign births register shall be €125 in the case of the registration of a person under eighteen years of age and €250 in the case of every other registration.
9. Any person may inspect the foreign births register at the Department of Foreign Affairs and Trade or at any diplomatic mission or consular office during business hours on payment of a fee of €20.
10. (1) Any person may request the issue of a copy of an entry in the foreign births register on payment of a fee of €20.
(2) Where a copy of an entry in the foreign births register is issued pursuant to paragraph (1), such copy shall be authenticated by being certified to be a true copy of the entry by a person authorised under these Regulations to make entries of births in the foreign births register.
11. Subject to Regulation 12, the Minister may amend or delete an incorrect entry in the foreign births register.
12. (1) The Minister shall, not less than 3 months before amending or deleting an incorrect entry in the foreign births register, serve a notice in writing of the proposed amendment or deletion on any person—
(a) likely to be affected by the proposed amendment or deletion concerned, and
(b) whose whereabouts are known and who can readily be found.
(2) A notice under paragraph (1) shall—
(a) specify the text of the proposed amendment or that it is proposed to delete the entry concerned, as the case may be,
(b) state the reasons for the proposed amendment or deletion,
(c) state that the person to whom the notice is addressed may make representations in writing in respect of the proposed amendment or deletion not later than 3 months after the service of the notice, and
(d) state the name and address of the person to whom any such representations shall be made.
(3) A notice under paragraph (1) shall be addressed to the person concerned by name, and may be served on or given to him in one of the following ways:
(a) by delivering it to the person;
(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address; or
(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address.
(4) A person to whom a notice under paragraph (1) is addressed may, not later than 3 months after the service of the notice, make representations in writing in accordance with the notice in respect of the proposed amendment or deletion.
(5) The Minister may, at his or her discretion, invite a person who has made representations in accordance with a notice under paragraph (1) to make further representations, orally or in writing, in respect of the proposed amendment or deletion concerned.
(6) The Minister shall, in deciding whether or not to amend or delete an incorrect entry in the foreign births register, have regard to any representations made by a person in accordance with this Regulation.
13. Where the Minister amends or deletes an incorrect entry in the foreign births register—
(a) he or she shall cause to be entered in the register—
(i) a statement that an amendment or deletion in respect of the entry concerned has been made, and
(ii) the date of the making of the amendment or deletion, and
(b) the amendment or deletion shall be authenticated by the signature (beneath or alongside the said statement) of the officer of the Minister who made that amendment or deletion.
14. (1) The Foreign Births Regulations 1956 ( S.I. No. 224 of 1956 ) and the Foreign Births (Amendment) Regulations 2009 ( S.I. No. 408 of 2009 ) are hereby revoked.
(2) Notwithstanding the revocation of the Foreign Births Regulations 1956, where prior to the coming into operation of these Regulations, a birth was registered in a foreign births entry book in a diplomatic mission or consular office in accordance with the Foreign Births Regulations 1956 the particulars of which had not at the date of such coming into operation been transmitted to the Department of Foreign Affairs and Trade in accordance with those Regulations, such particulars shall be sent to that Department by the diplomatic mission or consular office concerned not later than 12 months after the coming into operation of these Regulations and registered in the foreign births register in accordance with the Foreign Births Regulations 1956.
(3) Notwithstanding the revocation of the Foreign Births (Amendment) Regulations 2009, the Minister may amend or delete an incorrect entry in a foreign births entry book before or after its particulars have been transmitted to the Department of Foreign Affairs and Trade in accordance with subsection (2) and in amending or deleting such entry shall follow the procedures specified in Regulations 12 and 13, and for that purpose a reference in Regulations 12 or 13 to the foreign births register shall be construed as including the foreign births entry book.
SCHEDULE
Particulars of foreign births to be entered in foreign births register
1. Number of entry.
2. Date of entry.
3. Surname and Forename(s).
4. Sex.
5. Date of birth.
6. Place of birth.
7. Names in full of parent(s) through whom citizenship is derived.
8. Details of how citizenship of parent(s) referred to at paragraph 7 was acquired.
9. Date and place of birth of parent(s) referred to at paragraph 7.
10. Details of place where parent is a naturalised citizen and the number and date of certificate of naturalisation.
11. Surname and Forename(s) of person requesting registration.
12. Full postal address of person requesting registration.
13. Where the foreign birth was originally registered in a foreign births entry book:
(a) number of foreign births entry book;
(b) number of the entry in foreign births entry book;
(c) date of entry in foreign births entry book;
(d) diplomatic mission or consular office in which foreign births entry book was made.
14. Name of person making entry in the foreign births register.
The Minister for Public Expenditure and Reform consents to the making of the foregoing Regulations in so far as they relate to fees.
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GIVEN under the Official Seal of the Minister for Public Expenditure and Reform,
14 February 2013.
BRENDAN HOWLIN,
Minister for Public Expenditure and Reform.
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GIVEN under my Official Seal,
14 February 2013.
EAMON GILMORE,
Minister for Foreign Affairs and Trade.
EXPLANATORY NOTE
(This note is not part of the instrument and does not purport to be a legal interpretation)
These Regulations revoke and replace the Foreign Births Regulations 1956 ( S.I. No. 224 of 1956 ) and the Foreign Births (Amendment) Regulations 2009 ( S.I. No. 408 of 2009 ) and provide for increases in the Foreign Birth Registration fees with effect from 1st March 2013.
S.I. No. 1/2005 –
Irish Nationality and Citizenship Regulations 2005
I, MICHAEL McDOWELL T.D., Minister for Justice Equality and Law Reform, in exercise of the powers conferred on me by sections 3, 6B (inserted by section 4 of the Irish Nationality and Citizenship Act 2004 (No. 38 of 2004)) and 28A (inserted by section 14 of the Irish Nationality and Citizenship Act 2004 (No. 38 of 2004)) of the Irish Nationality and Citizenship Act 1956 (No. 26 of 1956), hereby make the following regulations:
1. These Regulations may be cited as the Irish Nationality and Citizenship Regulations 2005.
2. (1) In these Regulations—
“Act of 1956” means the Irish Nationality and Citizenship Act 1956 (No. 26 of 1956);
“Act of 2004” means the Irish Nationality and Citizenship Act 2004 (No. 38 of 2004);
“certificate of nationality” means, in relation to a person, a document issued under the law of the country concerned certifying that the person is a national of that country.
(2) In these Regulations—
(a) a reference to the Schedule is a reference to the Schedule to these Regulations, and
(b) a reference to any enactment shall be construed as a reference to that enactment as amended adapted or extended (whether before, on or after the making of these Regulations) by or under any subsequent enactment.
3. (1) A declaration under subsection (2) of section 6B (inserted by section 4 of the Act of 2004) of the Act of 1956 shall be in the form specified in Part 1 of the Schedule.
(2) A declaration referred to in paragraph (1) shall be accompanied by—
(a) the passport, national identity card, or certificate of nationality, and
(b) such other documentation as may be required by the Minister for Foreign Affairs,
relating to the person making the declaration.
4. (1) A declaration under subsection (3)(a) of section 6B (inserted by section 4 of the Act of 2004) of the Act of 1956 shall be in the form specified in Part 2 of the Schedule.
(2) A declaration referred to in paragraph (1) shall be accompanied by—
(a) the passport, national identity card, or certificate of nationality, and
(b) such other documentation as may be required by the Minister for Foreign Affairs, as appropriate,
relating to the parent who is the subject of the declaration.
5. (1) A declaration under section 28A (inserted by section 14 of the Act of 2004) of the Act of 1956 in relation to an application under section 28 of the Act of 1956 in respect of a minor shall—
(a) be in the form specified in Part 3 of the Schedule where it is being made by his or her parent, and
(b) be in the form specified in Part 4 of the Schedule where it is being made by a person who is the guardian of, or in loco parentis to, him or her.
(2) The following classes of document are prescribed for the purposes of subsection (2)(a) of section 28A of the Act of 1956 in respect of applications on behalf of minors under the said section 28:
(a) the birth certificate of the minor in respect of whom the certificate of nationality is being sought,
(b) in the case of an application made by a person who is the guardian of or in loco parentis to the minor documentation verifying that the person is the guardian of or in loco parentis to the minor,
(c) documentation supporting the claim that the parent was resident in Northern Ireland for such period as is specified in the declaration under the said section 28A, including—
(i) information or correspondence, in writing from a public body issued to the parent at his or her address in Northern Ireland confirming the payment of income tax or social insurance or relating to the assessment of income tax,
(ii) information or correspondence from a public body issued to the parent confirming the provision of any other public service to him or her at his or her address in Northern Ireland,
(iii) a driving licence issued to the parent at his or her address in Northern Ireland in a year in relation to which a claim of residence in Northern Ireland is being made,
(iv) information or correspondence from a public body issued to the parent confirming the payment of social security benefits to him or her at his or her address in Northern Ireland and
(v) information or correspondence relating to the payment by the parent of rent, mortgage repayments or like expenses in respect of his or her dwelling in Northern Ireland.
(3) In this regulation—
“public body” means a body established by or under the law of Northern Ireland or that otherwise performs public functions under that law;
“public service” includes gas, electricity and water, whether provided by a public body or not.
6. A declaration under section 6B (inserted by section 4 of the Act of 2004) or 28A (inserted by section 14 of the Act of 2004) of the Act of 1956 shall—
(a) be made, in the State, before one of the following persons:
(i) a notary public,
(ii) a commissioner for oaths,
(iii) a peace commissioner,
(iv) a minister of religion stating his or her denomination and address of place of worship to which he or she is assigned,
(v) a member of Dáil Éireann or Seanad Éireann or a member of the European Parliament representing a constituency in the State,
(vi) a member of a local authority within the meaning of the Local Government Act 2001 (No. 37 of 2001),
(vii) a barrister or solicitor,
(viii) a registered medical practitioner within the meaning of Medical Practitioners Acts 1978 to 2002, or
(ix) a qualified teacher who is a member of the teaching staff of a primary or secondary school or a third level institution, or
(b) be made, outside the State, before one of the following persons:
(i) a person to whom section 5 of the Diplomatic and Consular Officers (Provision of Services) Act 1993 (No. 33 of 1993) applies,
(ii) a notary public,
(iii) any person who is, under the law of the place concerned, authorised to attest to the swearing of an affidavit or a statement on oath howsoever described under the law of that place.
SCHEDULE
Part 1
FORM A
IRISH NATIONALITY AND CITIZENSHIP ACT 1956
Declaration, under section 6B(2) of the Irish Nationality and Citizenship Act 1956 , of residence in the island of Ireland, its islands and seas.
NOTES
(1) This declaration is effective only in respect of periods of residence in Ireland by the parent of a child born on or after 1 January 2005 as a national of an EU Member State, a state (other than an EU Member State) that is a contracting party to the EEA Agreement or the Swiss Confederation where such residence occurred in the four year period immediately preceding the birth of the child.
(2) This declaration should be accompanied by the passport, national identity card, or certificate of nationality, and such other documentation as may be required by the Minister for Foreign Affairs, as appropriate, relating to the person making the declaration.
(3) This declaration is NOT required in connection with the entitlement to Irish citizenship of a child born before 1 January 2005 in the island of Ireland, its islands and seas.
(4) This declaration is NOT required in connection with the entitlement to Irish citizenship of a child born on or after 1 January 2005 in the island of Ireland, its islands and seas, where that child had, at the time of his or her birth, a parent (or a deceased parent) who was:
(a) an Irish citizen or entitled to be an Irish citizen;
(b) entitled to reside in the State without any restriction on his or her period of residence (including in accordance with a permission granted under section 4 of the Immigration Act 2004 );
(c) a British citizen; or
(d) entitled under the immigration laws of the United Kingdom to reside in the United Kingdom (and thus Northern Ireland) without any restriction on his or her period of residence.
(5) This declaration is NOT appropriate in relation to the citizenship entitlement of a child born on or after 1 January 2005 in the island of Ireland, its islands and seas, to parents one of whom was, at the time of the birth, entitled to diplomatic immunity in the State. For children born between 2 December 1999 and 31 December 2004, the correct form of declaration is in Forms 1 and 2 of the Schedule to the Irish Nationality and Citizenship Regulations 2002 ( S.I. No. 567 of 2002 ).
I …………………………………………………… …………………………………………………… .. (Name in full) of …………………………………………………… …………………………………………………… ………………….
…………………………………… …………………………………………………… ………………………. (address)
being of full age hereby declare that I am the [father] [mother] of ……………………………… (name of child in full) born at …………………………………………………… …………. a place in the island of Ireland, its islands and seas, on …………………………………………………… ……. (insert date of birth) and that, during the period of four years immediately preceding my child’s birth, I resided in the island of Ireland, its islands and seas, as a national of (tick as appropriate):
(a) an EU Member State namely …………………………………………………… …………………….
□
(b) an EEA member state namely …………………………………………………… …………………….
□
(c) the Swiss Confederation
□
for the following period(s):
from …………………………………………………… ………. to …………………………………………………… ……….
from …………………………………………………… ………. to …………………………………………………… ……….
(repeat as necessary)
As evidence of this nationality during the above period(s), I attach (tick as appropriate):
(a) my passport, or
□
(b) my national identity document; or
□
(c) a certificate of nationality issued by the competent authority of my country of nationality
□
I declare that the information given by me in this declaration is correct and that the accompanying documents relate to me.
Signature (Mr./Ms) …………………………………………………… …………………………………………………… ….
Date …………………………………………………… …………………………………………………… ……………………..
Declared and subscribed before me a ………………………………………… (insert qualification*) by the person named above who is personally known to me (or, who is identified to me by …………………………….. who is personally known to me).
Signature …………………………………………………… …………………………………………………… ……………….
Name in Block Capitals (Mr./Ms) …………………………………………………… ……………………………………
Address …………………………………………………… …………………………………………………… ………………..
…………………………………………………… …………………………………………………… …………………………….
Day-time telephone number …………………………………………………… ……………………………………………
Date …………………………………………………… …………………………………………………… ……………………..
IMPORTANT NOTICE
A person who knowingly or recklessly makes (whether in the State or outside the State) a false declaration for citizenship purposes shall be guilty of an offence and shall be liable—
(i) on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months, or to both, or
(ii) on conviction on indictment to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years, or to both.
*A declaration made under section 6B(2) of the Act shall—
(a) if made in the territory of the State, be made before one of the following persons recognised or acting as such within the State;
(i) a notary public,
(ii) a commissioner for oaths,
(iii) a peace commissioner,
(iv) a minister of religion stating his or her denomination and address of place of worship,
(v) a member of Dáil Éireann or Seanad Éireann or a member of the European Parliament for a constituency within the State,
(vi) a member of a local authority for the purposes of the Local Government Act 2001 (No. 37 of 2001),
(vii) a barrister or solicitor,
(viii) a registered medical practitioner for the purposes of the Medical Practitioners Acts 1978 to 2002, or
(ix) a qualified teacher who is a member of the teaching staff of a primary or secondary school or a third level institution,
(b) if made in any place other than the territory of the State, be made before one of the following persons:
(i) a person to whom section 5 of the Diplomatic and Consular Officers (Provision of Services) Act 1993 (No. 33 of 1993) applies,
(ii) a notary public,
(iii) any person who is, by the law of the country in which the declaration is made, a commissioner for oaths or other person authorised to take affidavits and for that purpose to administer oaths.
Part 2
FORM B
IRISH NATIONALITY AND CITIZENSHIP ACT 1956
Declaration, under section 6B(3)(a) of the Irish Nationality and Citizenship Act 1956 , of residence in the island of Ireland, its islands and seas.
NOTES
(1) This declaration is effective only in respect of periods of residence in Ireland by the parent of a child born on or after 1 January 2005 as a national of an EU Member State, a state (other than an EU Member State) that is a contracting party to the EEA Agreement or the Swiss Confederation where such residence occurred in the four year period immediately preceding the birth of the child. It should be completed where an entitlement to Irish citizenship is being asserted on behalf of that child by—
(a) a parent who is NOT a national of an EU Member State, a state (other than an EU Member State) that is a contracting party to the EEA Agreement or the Swiss Confederation;
(b) a guardian; or
(c) a person acting in loco parentis to the child.
(2) This declaration should be accompanied by the passport, national identity card, or certificate of nationality, and such other documentation as may be required by the Minister for Foreign Affairs, as appropriate, relating to the parent who is the subject of the declaration.
(3) This declaration is NOT required in connection with the entitlement to Irish citizenship of a child born before 1 January 2005 in the island of Ireland, its islands and seas.
(4) This declaration is NOT required in connection with the entitlement to Irish citizenship of a child born on or after 1 January 2005 in the island of Ireland, its islands and seas, where that child had, at the time of his or her birth, a parent (or a deceased parent) who was:
(a) an Irish citizen or entitled to be an Irish citizen;
(b) entitled to reside in the State without any restriction on his or her period of residence (including in accordance with a permission granted under section 4 of the Immigration Act 2004 );
(c) a British citizen; or
(d) entitled under the immigration laws of the United Kingdom to reside in the United Kingdom (and thus Northern Ireland) without any restriction on his or her period of residence.
(5) This declaration is NOT appropriate in relation to the citizenship entitlement of a child born on or after 1 January 2005 in the island of Ireland, its islands and seas, to parents one of whom was, at the time of the birth, entitled to diplomatic immunity in the State. For children born between 2 December 1999 and 31 December 2004, the correct form of declaration is in Forms 1 and 2 of the Schedule to the Irish Nationality and Citizenship Regulations 2002 ( S.I. No. 567 of 2002 ).
I …………………………………………………… …………………………………………………… .. (Name in full) of …………………………………………………… …………………………………………………… ………………….
…………………………………………………… …………………………………………………… ………. (address)
hereby declare that I am [the parent of] [the guardian of] [in loco parentis to] ……………………… (name of child in full) of ………………….. …………………………………………………… …….. (address)
born at ………………………………………………. a place in the island of Ireland, its islands and seas, on …………………………….. (insert date of birth) and that during the period of four years immediately preceding the child’s birth, his/her [father] [mother] ………………………………….. (insert name of father or mother) resided in the island of Ireland, its islands and seas, as a national of (tick as appropriate):
(a) an EU Member State namely…………………………………………………… ………………………….
□
(b) an EEA member state namely …………………………………………………… ………………………….
□
(c) the Swiss Confederation
□
for the following period(s):
from …………………………………………………… ………. to …………………………………………………… ……….
from …………………………………………………… ………. to …………………………………………………… ……….
(repeat as necessary)
As evidence of this nationality during the above period(s), I attach (tick as appropriate):
(a) his/her passport, or
□
(b) his/her national identity document; or
□
(c) a certificate of nationality issued by the competent authority of his/her country of nationality
□
I declare that the information given by me in this declaration is correct and that the accompanying documents relate to the [father] [mother] (delete as appropriate) of ………………………………….. (insert name of child in full).
Signature (Mr./Ms) …………………………………………………… …………………………………………………… ….
Date …………………………………………………… …………………………………………………… ……………………..
Declared and subscribed before me a ………………………………………… (insert qualification*) by the person named above who is personally known to me (or, who is identified to me by …………………………….. who is personally known to me).
Signature …………………………………………………… …………………………………………………… ……………….
Name in Block Capitals (Mr./Ms) …………………………………………………… ……………………………………
Address …………………………………………………… …………………………………………………… ………………..
…………………………………………………… …………………………………………………… …………………………….
Day-time telephone number …………………………………………………… ……………………………………………
Date …………………………………………………… …………………………………………………… ……………………..
IMPORTANT NOTICE
A person who knowingly or recklessly makes (whether in the State or outside the State) a false declaration for citizenship purposes shall be guilty of an offence and shall be liable—
(i) on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months, or to both, or
(ii) on conviction on indictment to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years, or to both.
* A declaration made under section 6B(3)(a) of the Act shall—
(a) if made in the territory of the State, be made before one of the following persons recognised or acting as such within the State;
(i) a notary public,
(ii) a commissioner for oaths,
(iii) a peace commissioner,
(iv) a minister of religion stating his or her denomination and address of place of worship,
(v) a member of Dáil Éireann or Seanad Éireann or a member of the European Parliament for a constituency within the State,
(vi) a member of a local authority for the purposes of the Local Government Act 2001 (No. 37 of 2001),
(vii) a barrister or solicitor,
(viii) a registered medical practitioner for the purposes of the Medical Practitioners Acts 1978 to 2002, or
(ix) a qualified teacher who is a member of the teaching staff of a primary or secondary school or a third level institution,
(b) if made in any place other than the territory of the State, be made before one of the following persons:
(i) a person to whom section 5 of the Diplomatic and Consular Officers (Provision of Services) Act 1993 (No. 33 of 1993 applies,
(ii) a notary public,
(iii) any person who is, by the law of the country in which the declaration is made, a commissioner for oaths or other person authorised to take affidavits and for that purpose to administer oaths.
Part 3
FORM C
IRISH NATIONALITY AND CITIZENSHIP ACT 1956
Declaration, under section 28A of the Act of 1956, by a parent of a person not of full age in respect of whom a certificate of nationality is being sought under section 28 of that Act.
NOTES
(1) This is a declaration which is required from a parent of a child, born on or after 1 January 2005 in the island of Ireland, its islands and seas, in respect of periods of residence in Northern Ireland during the four years preceding the birth, during which periods the relevant parent was NOT a national of an EU Member State, a state (other than an EU Member State that is a contracting party to the EEA Agreement or the Swiss Confederation.
(2) This declaration is NOT required in connection with the entitlement to Irish citizenship of a child born before 1 January 2005 in the island of Ireland, its islands and seas.
(3) This declaration is NOT required in connection with the entitlement to Irish citizenship of a child born on or after 1 January 2005 in the island of Ireland, its islands and seas, where that child had, at the time of his or her birth, a parent (or a deceased parent) who was:
(a) an Irish citizen or entitled to be an Irish citizen;
(b) entitled to reside in the State without any restriction on his or her period of residence (including in accordance with a permission granted under section 4 of the Immigration Act 2004 );
(c) a British citizen; or
(d) entitled under the immigration laws of the United Kingdom to reside in the United Kingdom (and thus Northern Ireland) without any restriction on his or her period of residence.
(4) This declaration is NOT appropriate in relation to the citizenship entitlement of a child born on or after 1 January 2005 in the island of Ireland, its islands and seas, to parents one of whom was, at the time of the birth, entitled to diplomatic immunity in the State. For children born between 2 December 1999 and 31 December 2004, the correct form of declaration is in Forms 1 and 2 of the Schedule to the Irish Nationality and Citizenship Regulations 2002 ( S.I. No. 567 of 2002 ).
I …………………………………………………… …………………………………………………… .. (Name in full) of …………………………………………………… …………………………………………………… ………………….
…………………………………………………… …………………………………………………… ………. (address)
hereby declare that:
(a) I am a national of …………………………………………………… …………………………………………………… .
(insert name of country of nationality of father/mother);
(b) I am the [father] [mother] of ………………….. (name of child in full) of ……………………………… (address) born at ………………… a place in the island of Ireland, its islands and seas, on ……………………….. (insert date of birth); and
(c) during the period of four years immediately preceding my child’s birth, I resided in Northern Ireland for the following period(s):
from …………………………………………………… …. to …………………………………………………… ….
from …………………………………………………… …. to …………………………………………………… ….
(repeat as necessary)
during all of which period(s), I was:
(i) a national of a State other than a Member State of the European Union, the European Economic Area or the Swiss Confederation; and
(ii) lawfully permitted to be present in that jurisdiction on foot of a permission granted by the immigration authorities of the United Kingdom, which permission was granted to me other than for the purpose of:
(I) enabling me to engage in a course of education or study; or
(II) having a claim to be recognised as a refugee within the meaning of the 1951 Geneva Convention relating to the status of refugees and the 1967 Protocol relating to the status of refugees determined by the United Kingdom authorities.
I attach the following documentary evidence in support of the above declaration:
(a) the birth certificate of the child referred to above;
(b) my passport showing UK immigration stamps for the relevant period(s); and
(c) copies of two of the following issued in respect of each of three years of reckonable residence (six documents in total) being claimed by me:
(i) information or correspondence, in writing, from a public body issued to me at my address in Northern Ireland confirming the payment of income tax or social insurance or relating to the assessment of income tax;
(ii) information or correspondence from a public body issued to me confirming the provision of any other public service to me at my address in Northern Ireland;
(iii) driving licence issued to me at my address in Northern Ireland in a year in relation to which a claim of residence in Northern Ireland is being made;
(iv) information or correspondence from a public body issued to me confirming the payment of social security benefits to me at my address in Northern Ireland;
(v) information or correspondence issued to me relating to the provision to me at my address in Northern Ireland of public services (gas, electricity water, telephone, etc.);
(vi) information or correspondence relating to the payment by me of rent, mortgage repayments, etc., in respect of my dwelling in Northern Ireland;
(vii) such other documentation as may be required by the Minister for Justice, Equality and Law Reform or the Minister for Foreign Affairs.
I declare that the information given by me in this declaration is correct and that the accompanying documents relate to me.
Signature (Mr./Ms) …………………………………………………… …………………………………………………… ….
Date …………………………………………………… …………………………………………………… ……………………..
Declared and subscribed before me a ………………………………………… (insert qualification*) by the person named above who is personally known to me (or, who is identified to me by …………………………….. who is personally known to me).
Signature …………………………………………………… …………………………………………………… ……………….
Name in Block Capitals (Mr./Ms) …………………………………………………… ……………………………………
Address …………………………………………………… …………………………………………………… ………………..
…………………………………………………… …………………………………………………… …………………………….
Day-time telephone number …………………………………………………… ……………………………………………
Date …………………………………………………… …………………………………………………… ……………………..
IMPORTANT NOTICE
A person who knowingly or recklessly makes (whether in the State or outside the State) a false declaration for citizenship purposes shall be guilty of an offence and shall be liable—
(i) on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months, or to both, or
(ii) on conviction on indictment to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years, or to both.
* A declaration made under section 28A of the Act shall—
(a) if made in the territory of the State, be made before one of the following persons recognised or acting as such within the State;
(i) a notary public,
(ii) a commissioner for oaths,
(iii) a peace commissioner,
(iv) a minister of religion stating his or her denomination and address of place of worship,
(v) a member of Dáil Éireann or Seanad Éireann or a member of the European Parliament for a constituency within the State,
(vi) a member of a local authority for the purposes of the Local Government Act 2001 (No. 37 of 2001),
(vii) a barrister or solicitor,
(viii) a registered medical practitioner for the purposes of the Medical Practitioners Acts 1978 to 2002,
(ix) a qualified teacher who is a member of the teaching staff of a primary or secondary school or a third level institution
(b) if made in any place other than the territory of the State, be made before one of the following persons:
(i) a person to whom section 5 of the Diplomatic and Consular Officers (Provision of Services) Act 1993 (No. 33 of 1993) applies,
(ii) a notary public,
(iii) any person who is, by the law of the country in which the declaration is made, a commissioner for oaths or other person authorised to take affidavits and for that purpose to administer oaths.
Part 4
FORM D
IRISH NATIONALITY AND CITIZENSHIP ACT 1956
Declaration, under section 28A of the Act of 1956, by a person who is the guardian of or in loco parentis to a person not of full age in respect of whom a certificate of nationality is being sought under section 28 of that Act.
NOTES
(1) This is a declaration which is required from a person who is the guardian of, or in loco parentis to, a child born on or after 1 January 2005 in the island of Ireland, its islands and seas, in respect of periods of residence in Northern Ireland of a parent of the child during the four years preceding the birth of the child, during which periods the relevant parent was NOT a national of an EU Member State, a state (other than an EU Member State) that is a contracting party to the EEA Agreement or the Swiss Confederation.
(2) This declaration is NOT required in connection with the entitlement to Irish citizenship of a child born before 1 January 2005 in the island of Ireland, its islands and seas.
(3) This declaration is NOT required in connection with the entitlement to Irish citizenship of a child born on or after 1 January 2005 in the island of Ireland, its islands and seas, where that child had, at the time of his or her birth, a parent (or a deceased parent) who was:
(a) an Irish citizen or entitled to be an Irish citizen;
(b) entitled to reside in the State without any restriction on his or her period of residence (including in accordance with a permission granted under section 4 of the Immigration Act 2004 );
(c) a British citizen; or
(d) entitled under the immigration laws of the United Kingdom to reside in the United Kingdom (and thus Northern Ireland) without any restriction on his or her period of residence.
(4) This declaration is NOT appropriate in relation to the citizenship entitlement of a child born on or after 1 January 2005 in the island of Ireland, its islands and seas, to parents one of whom was, at the time of the birth, entitled to diplomatic immunity in the State. For children born between 2 December 1999 and 31 December 2004, the correct form of declaration is in Forms 1 and 2 of the Schedule to the Irish Nationality and Citizenship Regulations 2002 ( S.I. No. 567 of 2002 ).
I …………………………………………………… …………………………………………………… .. (Name in full) of …………………………………………………… …………………………………………………… ………………….
…………………………………………………… …………………………………………………… ………. (address)
(a) I am [the guardian of] [in loco parentis to] ………………………………. (name of child in full) of ………………………………………………… (address) born at ……………. a place in the island of Ireland its islands and seas, on ………………….. (insert date of birth);
(b) his/her [father] [mother] (delete as appropriate) …………………….. (insert name of parent) is/was a national of ……………………. (insert name of country of nationality of father/mother); and
(c) during the period of four years immediately preceding the birth of ……………………… (insert name of child in full) his/her [father] [mother] resided in Northern Ireland for the following period(s):
from …………………………………………………… …. to …………………………………………………… ….
from …………………………………………………… …. to …………………………………………………… ….
(repeat as necessary)
during all of which period(s), his/her [father] [mother] was:
(i) a national of a State other than a Member State of the European Union, the European Economic Area or the Swiss Confederation; and
(ii) lawfully permitted to be present in that jurisdiction on foot of a permission granted by the immigration authorities of the United Kingdom, which permission was granted to [him] [her] other than for the purpose of:
(I) enabling [him] [her] to engage in a course of education or study; or
(II) having a claim to be recognised as a refugee within the meaning of the 1951 Geneva Convention relating to the status of refugees and the 1967 Protocol relating to the status of refugees determined by the United Kingdom authorities.
I attach the following documentary evidence in support of the above declaration:
(a) the birth certificate of the child referred to above;
(b) documentation verifying that I am the guardian of or in loco parentis to the child referred to above;
(c) the parent’s passport showing UK immigration stamps for the relevant period; and
(d) copies of two of the following in respect of each of year of reckonable residence (six documents in total) being claimed in respect of the parent:
(i) information or correspondence, in writing, from a public body issued to him or her at his or her address in Northern Ireland confirming the payment of income tax or social insurance or relating to the assessment of income tax;
(ii) information or correspondence from a public body issued to him or her confirming the provision of any other public service to him or her at his or her address in Northern Ireland;
(iii) driving licence issued to him or her at his or her address in Northern Ireland in a year in relation to which a claim of residence in Northern Ireland is being made;
(iv) information or correspondence from a public body issued to him or her confirming the payment of social security benefits to him or her at his or her address in Northern Ireland;
(v) information or correspondence issued to him or her relating to the provision to him or her at his or her address in Northern Ireland of public services (gas electricity, water, telephone, etc.);
(vi) information or correspondence relating to the payment by him or her of rent, mortgage repayments etc., in respect of his or her dwelling in Northern Ireland;
(vii) such other documentation as may be required by the Minister for Justice, Equality and Law Reform or the Minister for Foreign Affairs.
I declare that the information given by me in this declaration is correct and that the accompanying documents relate to the parent of …………………………… (insert name of child in full).
Signature (Mr./Ms) …………………………………………………… …………………………………………………… ….
Date …………………………………………………… …………………………………………………… ……………………..
Declared and subscribed before me a ………………………………………… (insert qualification*) by the person named above who is personally known to me (or, who is identified to me by …………………………….. who is personally known to me).
Signature …………………………………………………… …………………………………………………… ……………….
Name in Block Capitals (Mr./Ms) …………………………………………………… ……………………………………
Address …………………………………………………… …………………………………………………… ………………..
…………………………………………………… …………………………………………………… …………………………….
Day-time telephone number …………………………………………………… ……………………………………………
Date …………………………………………………… …………………………………………………… ……………………..
IMPORTANT NOTICE
A person who knowingly or recklessly makes (whether in the State or outside the State) a false declaration for citizenship purposes shall be guilty of an offence and shall be liable—
(i) on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months, or to both, or
(ii) on conviction on indictment to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years, or to both.
* A declaration made under section 28A of the Act shall—
(a) if made in the territory of the State, be made before one of the following persons recognised or acting as such within the State;
(i) a notary public,
(ii) a commissioner for oaths,
(iii) a peace commissioner,
(iv) a minister of religion stating his or her denomination and address of place of worship,
(v) a member of Dáil Éireann or Seanad Éireann or a member of the European Parliament for a constituency within the State,
(vi) a member of a local authority for the purposes of the Local Government Act 2001 (No. 37 of 2001),
(vii) a barrister or solicitor,
(viii) a registered medical practitioner for the purposes of the Medical Practitioners Acts 1978 to 2002, or
(ix) a qualified teacher who is a member of the teaching staff of a primary or secondary school or a third level institution,
(b) if made in any place other than the territory of the State, be made before one of the following persons:
(i) a person to whom section 5 of the Diplomatic and Consular Officers (Provision of Services) Act 1993 (No. 33 of 1993 applies,
(ii) a notary public,
(iii) any person who is, by the law of the country in which the declaration is made, a commissioner for oaths or other person authorised to take affidavits and for that purpose to administer oaths.
/images/seal.jpg
GIVEN under my Official Seal, this 4th day of January 2005.
MICHAEL McDOWELL T.D.,
Minister for Justice, Equality and Law Reform.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The Regulations prescribe the procedure to be followed and the forms to be used by persons who make declarations for the purposes of sections 6B(2), 6B(3)(a) and 28A of the Irish Nationality and Citizenship Act 1956 (as inserted in that Act by the Irish Nationality and Citizenship Act 2004 ).
S.I. No. 569/2011 –
Irish Nationality and Citizenship Regulations 2011.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 11th November, 2011.
I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by section 3 of the Irish Nationality and Citizenship Act 1956 (No. 26 of 1956) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister Order 2011 ( S.I. No. 138 of 2011 )), with the consent of the Minister for Public Expenditure and Reform, hereby make the following regulations:
1. (1) These Regulations may be cited as the Irish Nationality and Citizenship Regulations 2011.
(2) These Regulations come into operation on 10 November 2011.
2. The following are revoked:
(a) the Irish Nationality and Citizenship Regulations 1956 ( S.I. No. 216 of 1956 );
(b) the Irish Nationality and Citizenship Regulations 2002 ( S.I. No. 567 of 2002 );
(c) the Irish Nationality and Citizenship (Fees) Regulations 2008 ( S.I. No. 294 of 2008 );
(d) the Irish Nationality and Citizenship (Amendment) Regulations 2011 ( S.I. No. 284 of 2011 ).
3. In these Regulations, save where the context otherwise requires—
“Act of 1956” means the Irish Nationality and Citizenship Act 1956 (No. 26 of 1956);
“Act of 1986” means the Irish Nationality and Citizenship Act 1986 (No. 23 of 1986);
“Act of 2001” means the Irish Nationality and Citizenship Act 2001 (No. 15 of 2001);
“Act of 2004” means the Irish Nationality and Citizenship Act 2004 (No. 38 of 2004);
“Act of 2011” means the Civil Law (Miscellaneous Provisions) Act 2011 (No. 23 of 2011);
“surviving civil partner” has the same meaning as it has in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24 of 2010).
4. A declaration of citizenship made by a person under section 6(5) (as amended by section 3(1) of the Act of 2001) of the Act of 1956 shall be in Form 1 in the Schedule.
5. A certificate of naturalisation granted to a person of full age under section 15 (as amended by section 33(b) of the Act of 2011), 15A (as amended by section 33(c) of the Act of 2011) or 16 (as amended by section 33(d) of the Act of 2011) of the Act of 1956 shall be in Form 2 in the Schedule.
6. A certificate of naturalisation granted to a minor under section 15 (as amended by Section 33(b) of the Act 2011) or 16 of the Act of 1956 shall be in Form 3 in the Schedule.
7. A notice of the issue of a certificate of naturalisation under section 18(2) of the Act of 1956 published in Iris Oifigiúil shall be in Form 4 in the Schedule.
8. An annual registration and declaration of intention to retain Irish citizenship under section 19(1)(c) (as amended by section 8(c) of the Act of 2001) of the Act of 1956 shall be in Form 5 in the Schedule and shall be left with, or sent by registered post to, the Secretary General, Department of Justice and Equality, Dublin or the head of an Irish diplomatic mission or consular office.
9. (1) A declaration of fidelity to the nation and loyalty to the State under section 15(1)(e) (as amended by section 33(b) of the Act of 2011), or 15A (1)(h) (as amended by section 33(c) of the Act of 2011) of the Act of 1956 shall—
(a) where made in a citizenship ceremony or such other manner as the Minister, for special reasons, allows, be in Form 6 in the Schedule, and
(b) where made before a judge of the District Court in open court, be in Form 7 in the Schedule.
10. An application for a certificate of naturalisation under section 17 (as amended by section 33(e) of the Act of 2011) of the Act of 1956 shall—
(a) if made by a person of full age, be in Form 8 in the Schedule,
(b) if made by a naturalised Irish citizen acting on behalf of his or her minor child, be in Form 9 in the Schedule,
(c) if made by a parent or guardian acting on behalf of a minor of Irish descent or Irish associations, be in Form 10 in the Schedule, and
(d) if made by a parent or guardian of, or person who is in loco parentis to, a minor born in the State who did not at birth have an entitlement to Irish citizenship under section 6A (inserted by section 4 of the Act of 2004) of the Act of 1956, be in Form 11 in the Schedule.
11. (1) The notice of the Minister’s intention to revoke a certificate of naturalisation under section 19(2) of the Act of 1956 shall be in Form 12 in the Schedule and shall be served personally on the person concerned or sent to him or her by registered post not less than 3 months before the date of the intended revocation.
(2) An application for an inquiry under section 19(2) of the Act of 1956 shall be made by letter left with, or sent by registered post to, the Secretary General, Department of Justice and Equality, Dublin.
12. A declaration of alienage under section 21(1) (as amended by section 7 of the Act of 1986) of the Act of 1956 shall be in Form 13 in the Schedule and shall be left with, or sent by registered post to, the Secretary General, Department of Justice and Equality, Dublin.
13. (1) The following fees shall be paid by the applicant:
(a) on the making of an application for a certificate of naturalisation, a fee of €175;
(b) subject to paragraph (2), on the issue of a certificate of naturalisation:
(i) where the application is made on behalf of a minor, a fee of €200;
(ii) where the application is made by a widow or widower whose spouse was, immediately before death, an Irish citizen, and who has not, subsequent to the spouse’s death, remarried or entered into a civil partnership or become a naturalised citizen of a state other than the State, a fee of €200
(iii) where the application is made by a person who is the surviving civil partner of a person who was, immediately before death, an Irish citizen, and who has not, subsequent to the civil partner’s death, entered into a new civil partnership or married or become a naturalised citizen of a state other than the State, a fee of €200;
(iv) in the case of all other applications, a fee of €950.
(2) Notwithstanding subparagraph (b) of paragraph (1), the fee payable under that subparagraph shall be nil, if the application for the certificate concerned is made by or on behalf of a—
(a) person to whom section 16(1)(g) (inserted by section 5 of the Act of 1986) of the Act of 1956 applies, or
(b) programme refugee within the meaning of section 24 (1) of the Refugee Act 1996 (No. 17 of 1996).
14. A declaration under section 6(5) (as amended by section 3(1) of the Act of 2001), 19(1)(c) (as amended by section 8(c) of the Act of 2001) or 21(1) (as amended by section 7 of the Act of 1986) of the Act of 1956 shall—
(a) if made in the territory of the State, be made before one of the following persons recognised or acting as such within the State:
(i) a notary public;
(ii) a commissioner for oaths;
(iii) a peace commissioner;
(iv) a minister of religion stating his or her denomination and address of place of worship;
(v) a member of Dáil Éireann or Seanad Éireann or a member of the European Parliament for a constituency within the State;
(vi) a member of a local authority within the meaning of the Local Government Act 2001 (No. 37 of 2001);
(vii) a barrister or solicitor;
(viii) a registered medical practitioner within the meaning of section 2 (as amended by section 2 of the Medical Practitioners (Amendment) Act 2011 (No. 12 of 2011)) of the Medical Practitioners Act 2007 ;
(ix) a qualified teacher who is a member of the teaching staff of a primary or secondary school or a third level institution,
and
(b) if made in any place other than the territory of the State, be made before one of the following persons:
(i) a person to whom section 5 of the Diplomatic and Consular Officers (Provision of Services) Act 1993 (No. 33 of 1993) applies;
(ii) a notary public;
(iii) any person who is, by the law of the country in which the declaration is made, a commissioner for oaths or other person authorised to take affidavits and for that purpose to administer oaths.
SCHEDULE
FORM 1
IRISH NATIONALITY AND CITIZENSHIP ACT 1956
DECLARATION OF CITIZENSHIP BY A PERSON OF FULL AGE, BORN IN THE ISLAND OF IRELAND, ITS ISLANDS OR SEAS, WHO HAS LODGED A DECLARATION OF ALIENAGE UNDER SECTION 21 OF THE ACT
I,………….. [Name in full]
of………….. [Current address]
[born (please insert your name at birth if different from above) …………..].*
at…………………………………………………… [place of birth], a place in the island of Ireland, its islands and seas, on…………………………… (date), having previously lodged a declaration of alienage under section 21 of the above Act [in the name (please insert your name as given on your declaration of alienage if different from above)……………………………………….]*, hereby declare myself to be an Irish citizen.
Signature………………………………………………………
(Mr. / Mrs. / Ms.)
Date……………………………………………………………..
Declared and subscribed before me …………………………[name in capitals] a** …..[insert qualification] by………………………..[name of applicant]
[who is personally known to me]
Or [who was identified to me by…………… who is personally known to me]
Or [whose identity has been established to me before the taking of this declaration by the production to me of:
passport no. . [passport number] issued on [date of issue] by the authorities of . [issuing state], which is an authority recognised by the Irish Government
Or national identity card no. ..[identity card number] issued on [date of issue] by the authorities of [issuing state], which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA agreement
At……………………………….[place of signature] this……..day of………[date]
Signature of witness:……………………………………….
Name of witness: (capitals)……………………………………….
Address of witness:……………………………………….
Day-time telephone number:……………………………………….
FORM 2
Certificate No………………..
IRISH NATIONALITY AND CITIZENSHIP ACT 1956
CERTIFICATE OF NATURALISATION OF PERSON OF FULL AGE
WHEREAS the under-mentioned applicant has duly applied to the Minister for Justice and Equality for a certificate of naturalisation and has supplied the particulars set out hereunder and has satisfied the Minister that the statutory conditions in relation to the grant of a certificate of naturalisation to him/her have been fulfilled:
NOW, the Minister for Justice and Equality in exercise of the powers conferred on him by the Irish Nationality and Citizenship Act 1956 , grants to the applicant this certificate of naturalisation whereby as from the date hereof the applicant becomes an Irish citizen.
PARTICULARS RELATING TO THE APPLICANT.
Name in full…………..
Address…………..
Place of birth…………..
Date of birth…………..
[Country of] Previous nationality…………..
DATED
this..day of ………………………………20……
______________[Minister for Justice and Equality] [Officerauthorised to authenticate orders and instruments]
FORM 3
Certificate No………….
IRISH NATIONALITY AND CITIZENSHIP ACT 1956
CERTIFICATE OF NATURALISATION OF MINOR
WHEREAS…………..being the parent/guardian
of………….., a minor to whom the
under-mentioned particulars relate, has applied to the Minister for Justice and Equality for the issue of a certificate of naturalisation to the minor:
NOW, the Minister for Justice and Equality in exercise of the powers conferred on him by the Irish Nationality and Citizenship Act 1956 , grants to the minor this certificate of naturalisation whereby as from the date hereof the minor becomes an Irish citizen.
PARTICULARS RELATING TO THE MINOR.
Name in full…………..
Address…………..
Place of birth…………..
Date of birth…………..
[Country of] Previous nationality…………..
DATED
this..day of ………………………………20……
______________[Minister for Justice and Equality] [Officerauthorised to authenticate orders and instruments]
FORM 4
FORM OF NOTICE IN IRIS OIFIGIUIL OF ISSUE OF
CERTIFICATE OF NATURALISATION
The Minister for Justice and Equality has granted the following certificate(s) of naturalisation:
Name / Address / Date of certificate / Whether person was of full age or a minor
Department of Justice and Equality
……………………………………………..20……..
FORM 5
IRISH NATIONALITY AND CITIZENSHIP ACT 1956
DECLARATION OF INTENTION TO RETAIN IRISH CITIZENSHIP BY A NATURALISED IRISH CITIZEN RESIDING OUTSIDE IRELAND
I,…………..[name in full]
to whom the under-mentioned particulars relate, hereby declare my intention to retain my Irish citizenship.
Signature…………..
Address…………..
Date…………..
Declared and subscribed before me…………………………………..[name in capitals] a* ..[insert qualification] by…………..[name of applicant]
[who is personally known to me]
Or [who was identified to me by………….. who is personally known to me]
Or [whose identity has been established to me before the taking of this declaration by the production to me of passport no. . [passport number] issued on [date of issue] by the Irish State
At……………………………….[place of signature] this……..day of…………..[date]
Signature of witness:…………..
Name of witness: (capitals)…………..
Address of witness:…………..
Day-time telephone number:…………..
PARTICULARS RELATING TO DECLARANT.
Number of certificate of naturalisation…………..
Date of issue of certificate of naturalisation…………..
Date of commencement of residence outside Ireland…………..
Date and place of last declaration, if any…………..
FORM 6
IRISH NATIONALITY AND CITIZENSHIP ACT 1956
DECLARATION OF FIDELITY TO THE NATION AND LOYALTY TO THE STATE
I,…………..
(name in full)
of…………..
having applied to the Minister for Justice and Equality for a certificate of naturalisation, hereby solemnly declare my fidelity to the Irish nation and my loyalty to the State.
Signature…………..
Date…………..
Declared and subscribed before me by the above-named person.
Signature…………..
Person authorised by the Minister for Justice and Equality to witness declarations of fidelity to the Irish nation and loyalty to the State.
Date………………………………………………………
FORM 7
IRISH NATIONALITY AND CITIZENSHIP ACT 1956
DECLARATION OF FIDELITY TO THE NATION AND LOYALTY TO THE STATE
I,…………..
(name in full)
of…………..
having applied to the Minister for Justice and Equality for a certificate of naturalisation, hereby solemnly declare my fidelity to the Irish nation and my loyalty to the State.
Signature…………..
Date…………..
*Declared and subscribed before me in open court by the above-named person.
Signature…………..
Judge of the District Court.
Date…………..
*Endorsement if declaration made in open court.
FORM 8
IRISH NATIONALITY AND CITIZENSHIP ACT 1956
APPLICATION BY A PERSON OF FULL AGE FOR
NATURALISATION AS AN IRISH CITIZEN
Please note before completing the form:
Ensure that the information you provide is true and correct. Section 29A of The Irish Nationality and Citizenship Act 1956 , as amended, provides that a person who knowingly or recklessly makes a declaration under this Act, or a statement for the purposes of any application under this Act that is false or misleading in any material respect, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months, or to both, or on conviction on indictment to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years, or to both.
A certificate of naturalisation may be revoked if the certificate was procured by fraud, misrepresentation, (whether innocent or fraudulent), or concealment of material facts or circumstances.
1. Name
1. 1 Current given/first name(s):…………..
1. 2 Current family/last name:…………..
1. 3 Previous name(s):…………..
1. 4 Reason for change:…………..
1. 5 Date of change to present name:…………..
2. Identification
2. 1 Place of birth:…………..
2. 2 Country of birth:…………..
2. 3 Date of birth:…………..
2. 4 Gender: male / female
2. 5 Present nationality:…………..
2. 6 Your PPS number:…………..
(If a personal public service number has been allocated to you)
2. 7 Your GNIB number:…………..
2. 8 Your Person Identity number:…………..
3. Residential address
3. 1 Present address:…………..
3. 2 Email address:…………..
3. 3 Daytime telephone number:…………..
3. 4 Evening telephone number:…………..
3. 5 Mobile number:…………..
4. Previous addresses
Please provide details of all of your previous addresses for the past 9 years, both in the State and abroad, starting with the most recent one:
Address…………………………. Country………………… From……………. To…………….
5. Residency permissions
5. 1 Date of arrival in Ireland:……………………………………….
5. 2 Passport number:……………………………………….
5. 3 Statutory residency conditions are prescribed in Section 15 and Section 15A of the 1956 Act and compliance with these conditions is assessed on the basis of your legal reckonable residence immediately prior to the date of application i.e. the date you sign the statutory declaration at the end of this form.
A residency calculator is provided on the citizenship section at http://www.inis.gov.ie as a guide to assist you in checking if you satisfy the statutory conditions for residency. You should enter your permissions as evidenced in your passport and verify that you satisfy residency requirements.
Please print a copy of the report and include it with your application or, alternatively, please provide details of ALL of your residency stamps in the nine years prior to the date of this application below:
Stamp valid from………. Stamp valid to……….. Stamp type………… Total days…………….
5. 4 Was any part of your time in the State in the nine years prior to your application for the purposes of study- Yes / No
If any of your time in the State in the nine years prior to your application was for study purposes please complete the details below:
From……….. To……….. Name and address of school/college/university………………….
5. 5 Was any part of your time in the State in the nine years prior to your application spent as an asylum seeker? Yes / No
If any part of your time in the State in the nine years prior to your application was spent as an asylum seeker please complete the details below:
From……….. To…………. Outcome…………. Reference number………………
6. Residence following naturalisation
6. 1 Do you intend, following naturalisation, to have your usual or principal place of residence in the State? Yes / No
6. 2 If you are married to or are the civil partner of an Irish citizen, do you intend, following naturalisation, to have your usual or principal residence in the island of Ireland? Yes / No / Not applicable
6. 3 If you answered ‘No’ to question 6.1 or 6.2 please indicate your intended country of residence following naturalisation:………………………………………….
7. Status
7. 1 Give your current status:
Single / Married / Separated / Divorced / Widow(er) / Civil Partner
7. 2 Are you the widow / widower or were you the civil partner of a deceased person who at date of death was an Irish citizen? Yes / No
7. 3 Have you, since the date of death of your Irish spouse / civil partner, acquired the nationality of another country? Yes / No
7. 4 Have you, since the date of death of your Irish spouse / civil partner, married or become the civil partner of another person? Yes / No
8. Family details
8. 1 Please complete the details below in full in respect of your mother and father and spouse / civil partner (if applicable):
Name………………… Birth last name (if different)………………….. Date of birth…………. Place and country of birth………….. Present nationality……………..
8. 2 Please complete the details below in respect of your children:
Name……………….. Gender………. Childs place of residence…………………. Date of birth………
Place & country of birth………….. Present nationality…………………..
9. Means of support
9. 1 Are you:
Employed / Self-employed / Retired / Studying / Unemployed / Other
9. 2 If you are in employment please give the name and address of your employer or if you are self employed, a partner or a director of a company please give the name and address used for business:………………………………………
9. 3 Have you been in receipt of a social assistance payment or other State support in the past 3 years? Yes / No
9. 4 If you answered ‘Yes’ to Q9.3 please give:
Type of payment/support………… From…………. To………….. Reason for obtaining social welfare support: .
9. 5 Details of your employment(s), if any, in the past 5 years:
Date From:. Date To:.. Job/Role:………….. Employer:……………………………………………
10. Previous applications
10. 1 Have you applied for Irish citizenship before? Yes / No
If you answered ‘Yes’ to question 10.1 please give:
10. 2 Date of application:……………………………………….
10. 3 Application reference number:……………………………………….
11. Background
11. 1 Have you ever committed any offences against the laws of Ireland or any overseas country?
Yes / No
11. 2 Do you have any convictions in the State or any other country (including traffic offences) or any civil judgements made against you? Yes / No
If you answered ‘Yes’ to question 11.1 and/or 11.2 above please answer questions 11.3 to 11.5. If more than one instance provide details in the additional details section below.
11. 3 Date of conviction or judgement:…………..
11. 4 Place where conviction or judgement took place:…………..
11. 5 Outcome:…………..
11. 6 Have you ever been charged / indicted, inside or outside the State, with a criminal offence for which you have not yet been tried in court? Yes / No
11. 7 Are you, or have you been, the subject of an investigation in Ireland by An Garda Síochána (Irish police)? Yes / No
11. 8 Have you ever been involved in, or been suspected of involvement in, war crimes, crimes against humanity or genocide? Yes / No
11. 9 Have you ever been associated with, been a member of, or given support, including financial support, to a terrorist organisation, or been involved in, supported, financially or otherwise, or encouraged terrorist activities? Yes / No
11. 10 Have you ever, by any means or medium, expressed views that justify or glorify terrorist violence or that may encourage others to commit terrorist acts or other serious criminal acts? Yes / No
11. 11 Have you engaged in any other activities that might indicate that you may not be considered a person of good character? Yes / No
If you answered ‘Yes’ to any of the questions 11.6 to 11.11 please provide details in the additional details section below. You may also use this section to give details in relation to questions 11.1 — 11.5.
Additional details:…………..
12. Application based on Irish associations
12. 1 If your application is based on your Irish descent or Irish associations, please give details below:
Details:…………..
13 Application based on marriage to or civil partnership with an Irish citizen
13. 1 Is your application based on your marriage to an Irish citizen? Yes / No
13. 2 Is your application based on being the civil partner of an Irish citizen? Yes / No
If you are married to, or are the civil partner of, an Irish citizen please complete the additional questions below:
13. 3 Date of marriage/registration of civil partnership:…………..
13. 4 Place and country of marriage/civil partnership:…………..
13. 5 Spouse/civil partner is an Irish citizen by:
Birth / Descent / Naturalisation / Post nuptial declaration / Honorary
Your spouse or civil partner must complete the applicable Section 15A declaration at the back of this form in the presence of an approved witness on or after the date you sign the Statutory Declaration.
14. References
14. 1 Please supply three references from Irish citizens with the following details:
Name of referee 1………….. Referees address…………….. Date of birth and country of birth of referee…………… Length of time referee has known the applicant…………..
Nature of relationship with applicant:
Signature of referee…………………. Contact number of referee…………………
Name of referee 2………….. Referees address…………….. Date of birth and country of birth of referee…………… Length of time referee has known the applicant…………………………..
Nature of relationship with applicant:
Signature of referee………….. Contact number of referee…………………
Name of referee 3………….. Referees address…………….. Date of birth and country of birth of referee…………… Length of time referee has known the applicant……………………………
Nature of relationship with applicant:
Signature of referee………….. Contact number of referee…………………
STATUTORY DECLARATION
I,………………………………..[full name of applicant], do solemnly and sincerely declare that the foregoing particulars stated in this application are true; and I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1938 , as amended by the Civil Law (Miscellaneous Provisions) Act 2008 .
Signed:…………………………………………….. Date:………………………………………………
Declared before me……….[name of witness in capitals] a [notary public] [commissioner for oaths] [solicitor] [peace commissioner] [person authorised by……………. [insert authorising statutory provision] to take and receive statutory declarations] by………….[name of applicant]
[who is personally known to me]
Or [who was identified to me by………….. who is personally known to me]
Or [whose identity has been established to me before the taking of this declaration by the production to me of:
passport no. . [passport number] issued on [date of issue] by the authorities of . [issuing state], which is an authority recognised by the Irish Government
Or national identity card no. ..[identity card number] issued on [date of issue] by the authorities of [issuing state], which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA agreement
Or aliens passport no. (document equivalent to a passport) ..[passport number] issued on .[date of issue] by the authorities of ..[issuing state],which is an authority recognised by the Irish government
Or refugee travel document no. ..[document number] issued on [date of issue] by the Minister for Justice and Equality
Or travel document (other than refugee travel document) [document number] issued on [date of issue] by the Minister for Justice and Equality].
At…………..[place of signature] this……day of………………[date]
Signature of witness:…………..
Name of witness: (capitals)…………..
Address of witness:…………..
Day-time telephone number:…………..
DECLARATION TO BE COMPLETED BY THE SPOUSE OF THE APPLICANT WHERE THE APPLICANT IS APPLYING FOR NATURALISATION BASED ON HIS OR HER MARRIAGE TO AN IRISH CITIZEN
I [Full name of spouse of applicant] do solemnly and sincerely declare that I married [Name of applicant] who was born on the [Date of Birth] at [Place of birth]in [Country of birth] a national of [Country] on the [Date of marriage] at [Place of marriage] in [Country of marriage], that we are living together as husband and wife, that our marriage is subsisting and that no proceedings for divorce or annulment or dissolution of this marriage have been commenced, or are about to be commenced, in any court of law and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938 , as amended by the Civil Law (Miscellaneous Provisions) Act 2008 .
Signature of Irish citizen:…………..
Date of declaration:…………..
Current address:…………..
Name at birth if different:…………..
Date of birth and place of birth:…………..
Passport number:…………..
Declared before me ……………………………[name of witness in capitals] a [notary public] [commissioner for oaths] [peace commissioner] [solicitor] [person authorised by……………………….[insert authorising statutory provision] to take and receive statutory declarations] by…………………….[Irish citizen spouse of applicant]
[who is personally known to me]
Or [who was identified to me by…………..who is personally known to me]
Or [whose identity has been established to me before the taking of this declaration by the production to me of:
passport no. . [passport number] issued on [date of issue] by the authorities of . [issuing state], which is an authority recognised by the Irish Government
Or national identity card no. ..[identity card number] issued on [date of issue] by the authorities of [issuing state], which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement
Or aliens passport no. (document equivalent to a passport) ..[passport number] issued on
.[date of issue] by the authorities of ..[issuing state],which is an authority recognised by the Irish Government
Or refugee travel document no. ..[document number] issued on [date of issue] by the Minister for Justice and Equality
Or travel document (other than refugee travel document) [document number] issued on [date of issue] by the Minister for Justice and Equality].
At…………..[place of signature] this……..day of………[date]
Signature of witness:…………..
Name of witness: (capitals)…………..
Address of witness:…………..
Day-time telephone number:…………..
DECLARATION TO BE COMPLETED BY THE CIVIL PARTNER OF THE APPLICANT WHERE THE APPLICANT IS APPLYING FOR NATURALISATION BASED ON HIS OR HER BEING THE CIVIL PARTNER OF AN IRISH CITIZEN
I [Name of civil partner of applicant] do solemnly and sincerely declare that I am the civil partner of [Name of applicant] who was born on the [Date of Birth] at [Place of birth]in [Country of birth] a national of [Country], as and from [Date of civil partnership],[Name of applicant] and I are parties to a civil partnership registration/ have entered into [specify legal relationship entered into], being a legal relationship of a class that is the subject of an order made under section 5 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 , at [Place of civil partnership] in [Country of civil partnership], that we are living together as civil partners, that our civil partnership is subsisting and that no proceedings for the dissolution of, or the grant of a decree of nullity in respect of this civil partnership have been commenced, or are about to be commenced, in any court of law and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938 , as amended by the Civil Law (Miscellaneous Provisions) Act 2008 .
Signature of Irish citizen:…………..
Date of declaration:…………..
Current address:…………..
Name at birth if different:…………..
Date of birth and place of birth:…………..
Passport number:…………..
Declared before me………………………………..[name of witness in capitals] a [notary public] [commissioner for oaths] [peace commissioner] [solicitor] [person authorised by …………………….. [insert authorising statutory provision] to take and receive statutory declarations] by ………………….. [Irish citizen civil partner of applicant] [who is personally known to me]
Or [who was identified to me by…………..who is personally known to me]
Or [whose identity has been established to me before the taking of this declaration by the production to me of:
passport no. . [passport number] issued on [date of issue] by the authorities of . [issuing state], which is an authority recognised by the Irish Government
Or national identity card no. ..[identity card number] issued on [date of issue] by the authorities of [issuing state], which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement
Or aliens passport no. (document equivalent to a passport) ..[passport number] issued on.[date of issue] by the authorities of ..[issuing state],which is an authority recognised by the Irish Government
Or refugee travel document no. ..[document number] issued on [date of issue] by the Minister for Justice and Equality
Or travel document (other than refugee travel document) [document number] issued on [date of issue] by the Minister for Justice and Equality].
At…………..[place of signature] this……..day of………[date]
Signature of witness:…………..
Name of witness: (capitals)…………..
Address of witness:…………..
Day-time telephone number:…………..
FORM 9
IRISH NATIONALITY AND CITIZENSHIP ACT 1956
APPLICATION FOR A CERTIFICATE OF NATURALISATION BY A NATURALISED IRISH CITIZEN ACTING ON BEHALF OF HIS/HER CHILD WHO IS NOT OF FULL AGE
1. Naturalised parents details
1. 1 Full name:…………..
1. 2 Date of birth:…………..
1. 3 Place and country of birth:…………..
1. 4 Naturalisation certificate number:…………..
1. 5 Date of naturalisation:…………..
1. 6 Person Identity Number:
2. Minors details
2. 1 Given / first name(s):…………..
2. 2 Family / last name:…………..
2. 3 Mothers birth last name:…………..
2. 4 Place and country of birth:…………..
2. 5 Date of birth:…………..
2. 6 Gender: Male / Female
2. 7 Present nationality:…………..
2. 8 PPS number:…………..
(If a personal public service number has been allocated to your child)
2. 9 Person Identity Number:…………..
2. 10 Does your minor child have refugee status? Yes / No
3. Residential address (Parent and Minor)
3. 1 Present address:…………..
3. 2 Email address:…………..
3. 3 Daytime telephone number:…………..
3. 4 Evening telephone number:…………..
3. 5 Mobile number:…………..
4. Residency details (Minor)
4. 1 Date of arrival in Ireland:…………..
4. 2 Passport number:…………..
4. 3 Number of years resident in the State:…………..
5. Educational details (Minor)
5. 1 Name of school:…………..
5. 2 Date of enrolment:…………..
5. 3 Periods of attendance:…………..
I,………………………………………[Name in full], being the parent of the person to whom the particulars given above relate, hereby apply on his / her behalf to the Minister for Justice and Equality for a certificate of naturalisation.
Signature of parent:…………..
Date of application:…………..
FORM 10
IRISH NATIONALITY AND CITIZENSHIP ACT 1956
APPLICATION FOR A CERTIFICATE OF NATURALISATION BY A PARENT OR GUARDIAN ACTING ON BEHALF OF A MINOR OF IRISH DESCENT OR IRISH ASSOCIATIONS
1. Parent/Guardians details
1. 1 Full name of parents:…………..[Father]…………………………….. [Mother]
1. 2 Date of birth of parents:…………..[Father]…………………………….. [Mother]
1. 3 Place and country of birth of parents:…………..[Father]…………………………….. [Mother]
1. 4 Present nationality of parents:…………..[Father]…………………………….. [Mother]
1. 5 Present address of parents:…………..[Father]…………………………….. [Mother]
1. 6 Is the application being made by a parent of guardian? Parent / Guardian
If the application is being made by a guardian please give:
1. 7 Full name of guardian
1. 8 Present address of guardian
2. Minors details
2. 1 Given/first name(s) of minor:…………..
2. 2 Family/last name of minor:…………..
2. 3 Mothers birth last name:…………..
2. 4 Place and country of birth of minor:…………..
2. 5 Date of birth of minor:…………..
2. 6 Gender of minor: Male / Female
2. 7 Present nationality of minor:…………..
2. 8 PPS number:…………..
(If a personal public service number has been allocated to your child)
2. 9 Person Identity Number:…………..
2. 10 Date of arrival in Ireland of minor:…………..
2. 11 Does your minor child have refugee status? Yes / No
3. Educational details (Minor)
3. 1 Name of school:…………..
3. 2 Date of enrolment:…………..
3. 3 Periods of attendance:…………..
4. Details of Irish descent or Irish associations being claimed (Minor)
4. 1 Particulars of Irish descent or Irish associations:…………..
I,………………………………………[Name in full], being the parent or guardian of the person to whom the particulars given above relate, hereby apply on his / her behalf to the Minister for Justice and Equality for a certificate of naturalisation.
Signature of parent/guardian:…………..
Date:…………..
Person Identity Number: …………..
Email address:…………..
Daytime telephone number:…………..
Evening telephone number:…………..
Mobile number:…………..
FORM 11
IRISH NATIONALITY AND CITIZENSHIP ACT 1956
APPLICATION BY A PARENT OR GUARDIAN OF, OR PERSON WHO IS IN LOCO PARENTIS TO, A MINOR BORN IN THE STATE WHO DID NOT AT BIRTH HAVE AN ENTITLEMENT TO IRISH CITIZENSHIP UNDER SECTION 6A (AS INSERTED BY SECTION 4 OF THE ACT OF 2004) OF THE ACT OF 1956
Please note before completing the form:
Please ensure that the information you provide is true and correct. Section 29A of The Irish Nationality and Citizenship Act 1956 , as amended, provides that a person who knowingly or recklessly makes a declaration under this Act, or a statement for the purposes of any application under this Act that is false or misleading in any material respect, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months, or to both, or on conviction on indictment to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years, or to both.
A certificate of naturalisation may be revoked if the certificate was procured by fraud, misrepresentation, (whether innocent or fraudulent), or concealment of material facts or circumstances.
1. Details of parent/guardian
1. 1 Current given/first name(s):…………..
1. 2 Current family/last name:…………..
1. 3 Previous name(s):…………..
1. 4 Reason for change:…………..
1. 5 Date of change to present name:…………..
1. 6 Place of birth:……………
1. 7 Country of birth:…………..
1. 8 Date of birth:…………..
1. 9 Gender: Male / Female
1. 10 Present nationality:…………..
1. 11 Your PPS number:……………
(If a personal public service number has been allocated to you)
1. 12 Your GNIB number:……………
1. 13 Your Person Identity Number:…………..
2. Details of minor born in the State
2. 1 Given/first name(s) of minor:…………..
2. 2 Family/last name of minor:…………..
2. 3 Full name of Father of minor:…………..
2. 4 Full name of Mother of minor:…………..
2. 5 Mothers birth last name:……………
2. 6 Date of birth of minor:…………..
2. 7 Gender of minor: Male / Female
2. 8 PPS number:…………..
(If a personal public service number has been allocated to your child)
3. Residential address (parent/guardian and minor)
3. 1 Present address:…………..
3. 2 Email address:…………..
3. 3 Daytime telephone number:…………..
3. 4 Evening telephone number:…………..
3. 5 Mobile number:…………..
4. Previous addresses (parent/guardian and minor)
Please provide details of your previous addresses for the past 9 years, both in the State and abroad, starting with the most recent one:
Address………….. Country…………… From…………….. To……………..
5. Residency permissions (parent/guardian)
5. 1 Date of arrival in Ireland:…………..
5. 2 Passport number:…………..
5. 3 Statutory residency conditions are prescribed in Section 15 of the 1956 Act and compliance with these conditions is assessed on the basis of your legal reckonable residence immediately prior to the date of application i.e. the date you sign the statutory declaration at the end of this form.
A residency calculator is provided on the citizenship section at http://www.inis.gov.ie as a guide to assist you in checking if you satisfy the statutory conditions for residency. You should enter your permissions as evidenced in your passport and verify that you satisfy residency requirements.
Please print a copy of the result and include it with your application or, alternatively, please provide details below of your residency stamps at and since the birth of your child on whose behalf you are making this application:
Stamp valid from………. Stamp valid to……… Stamp type………… Total days…………….
5. 4 Was any part of your time in the State in the nine years prior to your application for the purposes of study? Yes / No
If any of your time in the State in the nine years prior to your application was for study purposes please complete the details below:
From……….. To……….. Name and address of school/college/university………………….
5. 5 Was any part of your time in the State in the nine years prior to your application spent as an asylum seeker? Yes / No
If any part of your time in the State in the nine years prior to your application was spent as an asylum seeker please complete the details below:
From……….. To…………. Outcome…………. Reference number………………
5a. Residency details for minor born in the State
5. 6 Has your child been resident in the State since birth? Yes / No
If no, please give details of all periods of non-residence:
From……….. To………….. Country……………….. Reason………………….
6. Residence following naturalisation of minor
6. 1 Do you intend to have your usual or principal place of residence in the State following naturalisation? Yes / No
6. 2 If you answered “No” to question 6.1 please indicate your intended country of residence following naturalisation:……………………
7. Your parent’s details / grandparents of minor
7. 1 Please give details of your mother and father as follows:
Name…………….. Birth last name…………… Date of birth……….. Place and country of birth………….. Present nationality……………….
8. Means of support (parent/guardian)
8. 1 Are you:
Employed / Self-employed / Retired / Studying / Unemployed / Other
8. 2 If you are in employment, please give the name and address of your employer, or if you are self employed, a partner or a director of a company, please provide the name and address used for business:…………..
8. 3 Have you been in receipt of a social assistance payment or other State support in the past 3 years? Yes / No
8. 4 If you answered ‘Yes’ to Q8.3 please give:
Type of payment/support………… From…………. To………….. Reason for obtaining social welfare support:
8. 5 Details of your employment(s), if any, in the past 5 years:
Date From:. Date To:.. Role: Employer:…
9. Previous applications (parent/guardian and/or minor)
9. 1 Have you applied for Irish citizenship in your own right before? Yes / No
If yes, please give:
9. 2 Date of application:…………..
9. 3 Application reference number:…………..
9. 4 Has there been a previous application for naturalisation on behalf of your minor child born in the State? Yes / No
If yes, please give
9. 5 Date of application:…………..
9. 6 Application reference number:…………..
10. Background (parent/guardian)
10. 1 Have you ever committed any offences against the laws of Ireland or any overseas country? Yes / No
10. 2 Do you have any convictions in the State or any other country (including traffic offences) or any civil judgements made against you? Yes / No.
If you answered ‘Yes’ to either question above please complete the details below. If more than one instance provide details in the additional details section below.
10. 3 Date of conviction or judgement:…………..
10. 4 Place where conviction or judgement took place:…………..
10. 5 Outcome:…………..
10. 6 Have you ever been charged / indicted inside or outside the State with a criminal offence for which you have not yet been tried in court? Yes / No.
10. 7 Are you, or have you been, the subject of an investigation in Ireland by An Garda Síochána (Irish police)? Yes / No
10. 8 Have you ever been involved in, or been suspected of involvement in, war crimes, crimes against humanity or genocide? Yes / No
10. 9 Have you ever been associated with, been a member of, or given support, including financial support to a terrorist organisation or been involved in, supported, financially or otherwise, or encouraged terrorist activities? Yes / No
10. 10 Have you ever, by any means or medium, expressed views that justify or glorify terrorist violence or that may encourage others to commit terrorist acts or other serious criminal acts? Yes / No
10. 11 Have you engaged in any other activities that might indicate that you may not be considered a person of good character? Yes / No
If you answered ‘Yes’ to any of the questions 10.6 to 10.11 please provide details in the additional details section below. You may also use this section to give details in relation to questions 10.1 — 10.5.
Additional Details:…………..
11. References (parent/guardian)
11. 1 Please supply three references from Irish citizens with the following details:
Name of referee 1………….. Referees address…………….. Date of birth and country of birth of referee…………… Length of time referee has known the applicant……………….
Nature of relationship with applicant:
Signature of referee………….. Contact number of referee…………………
Name of referee 2………….. Referees address…………….. Date of birth and country of birth of referee…………… Length of time referee has known the applicant……………….
Nature of relationship with applicant:
Signature of referee…………… Contact number of referee…………………
Name of referee 3………….. Referees address…………….. Date of birth and country of birth of referee…………… Length of time referee has known the applicant……………….
Nature of relationship with applicant:
Signature of referee………….. Contact number of referee…………………
STATUTORY DECLARATION
I,………………………….[Full name of applicant], do solemnly and sincerely declare that the foregoing particulars stated in this application are true and I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act, 1938 , as amended by the Civil Law (Miscellaneous Provisions) Act 2008 .
Signed:…………………………………………………………………….. Date:……………………
Declared before me……….[name of witness in capitals] a [notary public] [commissioner for oaths] [peace commissioner] [solicitor] [person authorised by……………. [insert authorising statutory provision] to take and receive statutory declarations] by………….[name of applicant]
[who is personally known to me]
Or [who was identified to me by………….. who is personally known to me]
Or [whose identity has been established to me before the taking of this declaration by the production to me of:
passport no. . [passport number] issued on [date of issue] by the authorities of . [issuing state], which is an authority recognised by the Irish Government
Or national identity card no. ..[identity card number] issued on [date of issue] by the authorities of [issuing state], which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement
Or aliens passport no. (document equivalent to a passport) ..[passport number] issued on .[date of issue] by the authorities of ..[issuing state],which is an authority recognised by the Irish Government
Or refugee travel document no. ..[document number] issued on [date of issue] by the Minister for Justice and Equality
Or travel document (other than refugee travel document) [document number] issued on [date of issue] by the Minister for Justice and Equality].
At……………………………….[place of signature] this……..day of………[date]
Signature of witness:…………..
Name of witness: (capitals)…………..
Address of witness:…………..
Day-time telephone number:…………..
FORM 12
IRISH NATIONALITY AND CITIZENSHIP ACT 1956
NOTICE OF INTENTION TO REVOKE A CERTIFICATE OF NATURALISATION
To:………………………………………………….. [name of person to whom the notice is addressed]
………….. [address]
The Minister for Justice and Equality granted to you a Certificate of Naturalisation Number………, dated………………, on foot of your application for naturalisation as an Irish citizen dated…
Under section 19 of the Irish Nationality and Citizenship Act 1956 the Minister may revoke a certificate of naturalisation if satisfied that any of the conditions prescribed in section 19 (1) apply.
The Minister intends, three months after the date of this notice, to revoke your certificate of naturalisation, being satisfied that the following condition applies:
[the issue of the certificate was procured by fraud, misrepresentation whether innocent or fraudulent, or concealment of material facts or circumstances,]
OR
[you have, by overt act, shown yourself to have failed in your duty of fidelity to the nation and loyalty to the State,]
OR
[not being of Irish descent or associations, you have been ordinarily resident outside the State or, in the case of an application for a certificate of naturalisation granted under section 15A, resident outside the island of Ireland (otherwise than in the public service) for a continuous period of seven years and without reasonable excuse have not during that period registered annually in the prescribed manner your name and a declaration of your intention to retain Irish citizenship with an Irish diplomatic mission or consular office or with the Minister,]
OR
[you are also, under the law of a country at war with the State, a citizen of that country,]
OR
[you have by any voluntary act other than marriage acquired another citizenship.]
Grounds:…………..
Right to apply for an enquiry
You have the right to apply to the Minister for an inquiry under Section 19 (2) of the Irish Nationality and Citizenship Act 1956 , as amended, as to the reasons for the intention to revoke set out above in this notice and, should you do so, the Minister will not revoke your Certificate of Naturalisation without first considering the report of the Committee of Inquiry. The Irish Nationality and Citizenship Regulations, 2011, S.I. No. 569 of 2011 , provide, see Regulation 11(2), that an application for such an inquiry shall be made by letter left with, or sent by registered post to, The Secretary General, Department of Justice and Equality, Dublin.
If you apply to the Minister for an inquiry as to the reasons for the Intention to Revoke your Certificate of Naturalisation in the manner set out above, then the Minister will, under Section 19(3) of the 1956 Act, refer your case to a Committee of Inquiry appointed by the Minister, consisting of a chairman having judicial experience and such other persons as the Minister may think fit. If a Committee of Inquiry is appointed, it will report its findings to the Minister.
Yours sincerely,
…………… [Name of Official]
………….. [Date]
FORM 13
IRISH NATIONALITY AND CITIZENSHIP ACT 1956
DECLARATION OF ALIENAGE BY A PERSON OF FULL AGE
I,…………..[Name in full] of………………………………………[Place of ordinary Residence],
being of full age/being aged 18 years and upwards, am the person to whom the under-mentioned particulars relate.
I am about to become a citizen of……………………………………………………………………. and for that reason desire to renounce my Irish citizenship.
Signature…………..
Date…………..
Declared and subscribed before me……………[name in capitals] a* ..[insert qualification] by…….[name of applicant]
[who is personally known to me]
Or [who was identified to me by…………… who is personally known to me]
Or [whose identity has been established to me before the taking of this declaration by the production to me of passport no. . [passport number] issued on [date of issue] by the Irish State
At……………………………….[place of signature] this……..day of………[date]
Signature of witness:…………..
Name of witness: (capitals)…………..
Address of witness:…………..
Day-time telephone number:…………..
PARTICULARS RELATING TO DECLARANT.
Date of birth…………..
Place of birth……………
Whether single/married/widow/widower/civil partner…………..
If a naturalised citizen, the date of issue of the certificate of naturalisation…………..
The Minister for Public Expenditure and Reform consents to the making of the foregoing Regulations.
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GIVEN under my Official Seal,
9 November 2011.
BRENDAN HOWLIN,
Minister for Public Expenditure and Reform.
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GIVEN under my Official Seal,
9 November 2011.
ALAN SHATTER,
Minister for Justice and Equality.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The Regulations prescribe the procedure to be followed and the forms to be used by persons who make declarations for the purposes of the Irish Nationality and Citizenship Act 1956 , as amended, or who apply for certificates of naturalisation. They also prescribe the form of certificates of naturalisation which the Minister may grant, the form of notice of intention to revoke a certificate of naturalisation and the form of notice in Irish Oifigiúil of the grant of a certificate of naturalisation.
Form 1: *delete as appropriate: **A declaration under section 6(5) of the Act
Form 5: *A declaration under section 19(1)(c) of the Act
Form 13: *A declaration under section 21(1) of the Act
shall
(a) if made in the territory of the State, be made before any of the following persons:
(i) a notary public,
(ii) a commissioner for oaths,
(iii) a peace commissioner,
(ix) a minister of religion stating his or her denomination and address of place of worship,
(v) a member of Dáil Éireann or Seanad Éireann or a member of the European Parliament for a constituency within the State,
(vi) a member of a local authority for the purpose of the Local Government Act 2001 (No. 37 of 2001),
(vii) a barrister or solicitor,
(viii) a registered medical practitioner for the purpose of the Medical Practitioners Acts 1978 to 2002,
(ix) a qualified teacher who is a member of the teaching staff of a primary or secondary school or a third level institution
and
(b) if made elsewhere, be made before any of the following persons:
(i) a person to whom section 5 of the Diplomatic and Consular Officers (Provision of Services) Act 1993 (No. 33 of 1993) applies, namely, the head of an Irish diplomatic mission, a member of the diplomatic staff of an Irish diplomatic mission a career consular officer of Ireland and an honorary consular officer appointed by the Minister for Foreign Affairs,
(ii) a notary public, or
(iii) any person who is, by the law of the country in which the declaration is made, a commissioner for oaths or other person authorised to take affidavits and for that purpose to administer oaths.
S.I. No. 539/2017 –
Gender Recognition of Foreign Births Regulations 2017
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 1st December, 2017.
I, SIMON COVENEY, Minister for Foreign Affairs and Trade, in exercise of the powers conferred on me by section 27(5) (amended by section 31 of the Gender Recognition Act 2015 (No. 25 of 2015)) of the Irish Nationality and Citizenship Act 1956 (No. 26 of 1956) (as adapted by the Foreign Affairs (Alteration of Name of Department and Title of Minister) Order 2001 ( S.I. No. 246 of 2011 )), hereby make the following regulations:
1. (1) These Regulations may be cited as the Gender Recognition of Foreign Births Regulations 2017.
(2) These Regulations shall come into operation on 1 December 2017.
2. In these Regulations—
“Act of 1956” means the Irish Nationality and Citizenship Act 1956 (No. 26 of 1956);
“Act of 2015” means the Gender Recognition Act 2015 (No. 25 of 2015);
“Minister” means the Minister for Foreign Affairs and Trade;
“register of gender recognition of foreign births” means the register referred to in section 27(3A) of the Act of 1956.
3. The register of gender recognition of foreign births shall be kept in electronic form and shall include the particulars specified in the Schedule.
4. On receipt of an application in that behalf by a person referred to in subparagraph (iii) of section 9(1)(a) of the Act of 2015 to whom a gender recognition certificate is issued, particulars of the person’s gender recognition shall be entered in the register of gender recognition of foreign births by—
(a) the Secretary General of the Department of Foreign Affairs and Trade, or
(b) any officer of the Minister who performs functions as an officer of the Minister in relation to the rendering of consular services.
5. The Minister shall keep an index to make a traceable connection between each entry in the foreign births register and the corresponding entry in the register of gender recognition of foreign births.
6. The index kept under Regulation 5 shall not be open to public inspection, and no information from that index shall be given to any person except by order of a court of competent jurisdiction in the State.
7. A court shall not make an order referred to in Regulation 6, where the person to whom the information relates is a child of less than 18 years of age, unless satisfied that it is in the best interests of the child.
8. (1) Subject to these Regulations, the register of gender recognition of foreign births shall not be open to public inspection.
(2) Subject to paragraph (5), any person referred to in paragraph (4), may request the issue of a copy or an extract of an entry in the register of gender recognition of foreign births.
(3) Where a copy or an extract of an entry in the register of gender recognition of foreign births is issued pursuant to paragraph (2), such copy or extract shall be authenticated by being certified to be a true copy of the entry by a person authorised under Regulation 4 to make entries in the register of gender recognition of foreign births.
(4) The following persons may make a request to the Minister under paragraph (2):
(a) the person to whom the entry in the register of gender recognition of foreign births relates;
(b) a person who is, in relation to the person referred to in subparagraph (a)—
(i) the surviving spouse or civil partner,
(ii) if no surviving spouse or civil partner, the child,
(iii) if no surviving spouse or civil partner, or child, a parent, or
(iv) if no surviving spouse or civil partner, or child or parent, a surviving brother or sister.
(5) A certified copy of an entry referred to in paragraph (2) shall not disclose the fact that the entry is contained in the register of gender recognition of foreign births.
(6) In paragraph (4) “civil partner” has the same meaning as it has in the Civil Partnership and Certain Rights and Obligation of Cohabitants Act 2010 (No. 24 of 2010).
9. Subject to Regulation 10, the Minister may—
(a) amend or delete an incorrect entry in the register of gender recognition of foreign births,
(b) amend or delete an entry in the register of gender recognition of foreign births to correspond with an amendment or deletion of an incorrect entry in the foreign births register, or
(c) where the Minister is notified under the Act of 2015 that a gender recognition certificate is amended or revoked, amend or delete an entry in register of the gender recognition of foreign births.
10. (1) The Minister shall, not less than 3 months before amending or deleting an incorrect entry in the register of gender recognition of foreign births, serve a notice in writing of the proposed amendment or deletion on any person—
(a) likely to be affected by the proposed amendment or deletion concerned, and
(b) whose whereabouts are known and who can readily be found.
(2) A notice under paragraph (1) shall—
(a) specify the text of the proposed amendment or that it is proposed to delete the entry concerned, as the case may be,
(b) state the reasons for the proposed amendment or deletion,
(c) state that the person to whom the notice is addressed may make representations in writing in respect of the proposed amendment or deletion not later than 3 months after the service of the notice, and
(d) state the name and address of the person to whom any such representations shall be made.
(3) A notice under paragraph (1) shall be addressed to the person concerned by name, and may be served on or given to that person in one of the following ways:
(a) by delivering it to the person;
(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;
(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address.
(4) A person to whom a notice under paragraph (1) is addressed may, not later than 3 months after the service of the notice, make representations in writing in accordance with the notice in respect of the proposed amendment or deletion.
(5) The Minister may, at his or her discretion, invite a person who has made representations in accordance with a notice under paragraph (1) to make further representations, orally or in writing, in respect of the proposed amendment or deletion concerned.
(6) The Minister shall, in deciding whether or not to amend or delete an incorrect entry in the register of gender recognition of foreign births, have regard to any representations made by a person in accordance with this Regulation.
11. Where the Minister amends or deletes an incorrect entry in the gender recognition of foreign births register—
(a) he or she shall cause to be entered in that register—
(i) a statement that an amendment or deletion in respect of the entry concerned has been made, and
(ii) the date of the making of the amendment or deletion, and
(b) the amendment or deletion shall be authenticated by the signature (beneath or alongside the said statement) of the officer of the Minister who made that amendment or deletion.
12. The Minister, following a correction of an error of an entry in the foreign births register which corresponds to an entry in the register of gender recognition of foreign births, shall amend the appropriate entry in the second register accordingly.
Regulation 3
SCHEDULE
Form of, and particulars to be contained in, entries of foreign births to be entered in the Register of Gender Recognition of Foreign Births
1. Number of entry.
2. Date of entry.
3. Surname and Forename(s).
4. Sex.
5. Date of birth.
6. Place of birth.
7. Names in full of parent(s) through whom citizenship is derived.
8. Details of how citizenship of parent(s) referred to at paragraph 7 was acquired.
9. Date and place of birth of parent(s) referred to at paragraph 7.
10. Details of place where parent is a naturalised citizen and the number and date of certificate of naturalisation.
11. Surname and Forename(s) of person requesting registration.
12. Full postal address of the person.
13. Name of person making entry in the register of gender recognition of foreign births.
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GIVEN under my Official Seal,
28 November 2017.
SIMON COVENEY,
Minister for Foreign Affairs and Trade.
S.I. No. 498/2023 –
Irish Nationality and Citizenship Regulations 2023
“Iris Oifigiúil” of 24th October, 2023.
I, HELEN MCENTEE, Minister for Justice, in exercise of the powers conferred on me by section 3 of the Irish Nationality and Citizenship Act 1956 (No. 26 of 1956) (as adapted by the Justice and Equality (Alteration of Name of Department and Title of Minister) Order ( S.I. No. 452 of 2020 )), hereby make the following regulations:
1. (1) These Regulations may be cited as the Irish Nationality and Citizenship Regulations 2023.
(2) These Regulations shall come into operation on the 16th day of October 2023.
2. The Schedule to the Irish Nationality and Citizenship Act 1956 Regulations 2011 ( S.I. No. 569 of 2011 ) is amended –
(a) by the substitution of Form 8 set out in Schedule 1 for Form 8, and
(b) by the substitution of Form 11 set out in Schedule 2 for Form 11.
SCHEDULE 1:
FORM 8
IRISH NATIONALITY AND CITIZENSHIP ACT 1956 APPLICATION BY A PERSON OF FULL AGE FOR NATURALISATION AS AN IRISH CITIZEN
Please note before completing the form:
A person who gives false or misleading information is guilty of an offence under the Act and liable to a fine and/or imprisonment. Giving false or misleading information may also result in an application being refused or, where a certificate of naturalisation has been granted, the revocation of that certificate.
1. Applicant Details
1.1 Current given/first name(s):
1.2 Current family/last name:
1.3 Previous name(s):
1.4 Reason for change:
1.5 Date of change to present name:
1.6 Relationship status:
2. Identification
2.1 Place of birth:
2.2 Country of birth:
2.3 Date of birth:
2.4 Gender:
2.5 Present nationality:
2.6 Passport/Travel Document Number:
2.7 Passport/Travel Document Issuing Country:
2.8 Passport/Travel Document expiry date:
2.9 Your PPS number:
(If a personal public service number has been allocated to you)
2.10 Your IRP/GNIB number:
2.11 Your Person Identity number:
2.12 Old Department Reference Number (if applicable):
2.13 Date of arrival in Ireland (if applicable):
3. Residential address
3.1 Present address:
3.2 Email address:
3.3 Phone number:
4. Residency permissions
4.1 Statutory residency conditions are prescribed in Section 15 and Section 15A of the 1956 Act and compliance with these conditions is assessed on the basis of your legal reckonable residence immediately prior to the date of application i.e. the date on which you submit this application.
A residency calculator is provided on the citizenship section at www.irishimmigration.ie as a guide to assist you in checking if you satisfy the statutory conditions for residency. You should enter your permissions as evidenced in your passport and verify that you satisfy residency requirements.
I have entered my residency permission stamps into the online residency checker and confirm that I satisfy the residency conditions. Yes / No
4.2 Are you applying as a ‘Dependent Young Adult’, that is someone aged 18-23 who depends on their parents for accommodation and general living expenses? Yes / No
4.3 Was any part of your time in the State in the nine years prior to your application for the purposes of study? Yes / No
If any of your time in the State in the nine years prior to your application was for study purposes please complete the details below:
From………..To………..Name and address of school/college/university……………
4.4 Was any part of your time in the State in the nine years prior to your application spent as an international protection applicant or asylum seeker?
Yes / No
If any part of your time in the State in the nine years prior to your application was spent as an international protection applicant or asylum seeker please complete the details below:
From……….. To…………. Outcome…………. Reference number………………
4.5 Have you been absent from the State for more than 70 days per year in any of the past 5 years? Yes / No
If yes, please provide details………………..
5. Residence following naturalisation
5.1 Do you intend, following naturalisation, to have your usual or principal place of residence in the State? Yes / No
5.2 If you are married to or are the civil partner of an Irish citizen, do you intend, following naturalisation, to have your usual or principal residence in the island of Ireland? Yes / No / Not applicable
5.3 If you answered ‘No’ to question 5.1 or 5.2 please indicate your intended country of residence following naturalisation:………………………………………..
6. Status
6.1 Give your current status:
Single / Married / Separated / Divorced / Widow(er) / Civil Partner
6.2 Are you the widow / widower or were you the civil partner of a deceased person who at date of death was an Irish citizen? Yes / No
6.3 Have you, since the date of death of your Irish spouse / civil partner, acquired the nationality of another country? Yes / No
6.4 Have you, since the date of death of your Irish spouse / civil partner, married or become the civil partner of another person? Yes / No
7. Previous applications
7.1 Have you applied for Irish citizenship before? Yes / No
If you have answered ‘Yes’ to question 7.1:
7.2 Date of application:
7.3 Application reference number:
8. Background
8.1 Have you ever committed any offences against the laws of Ireland or any other state? Yes / No
8.2 Have you ever defrauded any person, company or State agency for financial or other gain? Yes / No
8.3 Do you have any convictions in Ireland or any other country (including traffic offences) or any civil judgements made against you? Yes / No
If you answered ‘Yes’ to any background question above, please answer questions 8.4 to 8.6. If there is more than one instance, please provide details in the additional details section below.
8.4 Date of conviction or judgement: …………..
8.5 Place where conviction or judgement took place: …………..
8.6 Outcome: …………..
8.7 Have you ever been charged / indicted, inside or outside Ireland, with a criminal offence for which you have not yet been tried in court? Yes / No
8.8 Are you, or have you been, the subject of an investigation in Ireland by An Garda Síochána (Irish police)? Yes / No
8.9 Have you ever been involved in, or been suspected of involvement in, war crimes, crimes against humanity or genocide? Yes / No
8.10 Have you ever been associated with, been a member of, or given support, including financial support, to a terrorist organisation, or been involved in, supported, financially or otherwise, or encouraged terrorist activities? Yes / No
8.11 Have you ever, by any means or medium, expressed views that justify or glorify terrorist violence or that may encourage others to commit terrorist acts or other serious criminal acts? Yes / No
8.12 Have you engaged in any other activities that might indicate that you may not be considered a person of good character? Yes / No
If you answered ‘Yes’ to any of the questions 8.7 to 8.12, please provide details in the additional details section below. You may also use this section to give details in relation to questions 8.1 — 8.6.
Additional details: …………..
9. Application based on Irish associations
9.1 If your application is based on your Irish descent or Irish associations, please give details below:
Details: …………..
10. Application based on marriage to or civil partnership with an Irish citizen
10.1 Is your application based on your marriage to an Irish citizen? Yes / No
10.2 Is your application based on being the civil partner of an Irish citizen? Yes / No
If you are married to, or are the civil partner of, an Irish citizen please complete the additional questions below:
10.3 Date of marriage/registration of civil partnership: …………..
10.4 Place and country of marriage/civil partnership: …………..
10.5 Spouse/civil partner is an Irish citizen by:
Birth / Descent / Naturalisation / Post nuptial declaration / Honorary
Your spouse or civil partner must complete the applicable Section 13A declaration at the back of this form in the presence of an approved witness on or after the date on which you submit this application.
11. References
11.1 Please supply three references from Irish citizens with the following details:
Name of referee 1
Contact number of referee.
Name of referee 2
Contact number of referee
Name of referee 3
Contact number of referee
12. Declaration
□ By ticking this box, you are declaring that you understand the application form and that all of the facts provided in the application form are true and correct to the best of your knowledge. If you give false or misleading information you could be guilty of an offence under the Act and liable on conviction to a fine and/or imprisonment. Giving false or misleading information may also result in an application being refused or, where a certificate of naturalisation has been granted, the revocation of that certificate.
Section 13A:
DECLARATION TO BE COMPLETED BY THE SPOUSE OF THE APPLICANT WHERE THE APPLICANT IS APPLYING FOR NATURALISATION BASED ON HIS OR HER MARRIAGE TO AN IRISH CITIZEN
I [Full name of spouse of applicant] do solemnly and sincerely declare that I married [Name of applicant] who was born on the [Date of Birth] at [Place of birth] in [Country of birth] a national of [Country] on the [Date of marriage] at [Place of marriage] in [Country of marriage], that we are living together, that our marriage is subsisting and that no proceedings for divorce or annulment or dissolution of this marriage have been commenced, or are about to be commenced, in any court of law and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938 , as amended by the Civil Law (Miscellaneous Provisions) Act 2008 .
Signature of Irish citizen:
Date of declaration:
Current address:
Name at birth if different:
Date of birth and place of birth:
Passport number:
Declared before me ………………..[name of witness in capitals] a [notary public] [commissioner for oaths] [peace commissioner] [solicitor] [person authorised by……………[insert authorising statutory provision] to take and receive statutory declarations] by…………….[Irish citizen spouse of applicant]
[who is personally known to me]
Or [who was identified to me by…………..who is personally known to me]
Or [whose identity has been established to me before the taking of this declaration by the production to me of:
passport no. …. [passport number] issued on [date of issue] by the authorities of …… [issuing state], which is an authority recognised by the Irish Government
Or national identity card no. ………..[identity card number] issued on [date of issue] by the authorities of [issuing state], which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement
Or alien’s passport no. (document equivalent to a passport) …….[passport number] issued on…. [date of issue] by the authorities of …….[issuing state], which is an authority recognised by the Irish Government
Or refugee travel document no. …….[document number] issued on …. [date of issue] by the Minister for Justice
Or travel document (other than refugee travel document) [document number] issued on [date of issue] by the Minister for Justice].
At…………..[place of signature] this……..day of………[date]
Signature of witness: …………..
Name of witness: (capitals)…………..
Address of witness: …………..
Day-time telephone number: …………..
DECLARATION TO BE COMPLETED BY THE CIVIL PARTNER OF THE APPLICANT WHERE THE APPLICANT IS APPLYING FOR NATURALISATION BASED ON HIS OR HER BEING THE CIVIL PARTNER OF AN IRISH CITIZEN
I [Name of civil partner of applicant] do solemnly and sincerely declare that I am the civil partner of [Name of applicant] who was born on the [Date of Birth] at [Place of birth] in [Country of birth] a national of [Country], as and from [Date of civil partnership], [Name of applicant] and I are parties to a civil partnership registration/ have entered into [specify legal relationship entered into], being a legal relationship of a class that is the subject of an order made under section 5 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 , at [Place of civil partnership] in [Country of civil partnership], that we are living together, that our civil partnership is subsisting and that no proceedings for the dissolution of, or the grant of a decree of nullity in respect of this civil partnership have been commenced, or are about to be commenced, in any court of law and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938 , as amended by the Civil Law (Miscellaneous Provisions) Act 2008 .
Signature of Irish citizen: …………..
Date of declaration: …………..
Current address: …………..
Name at birth if different: …………..
Date of birth and place of birth: …………..
Passport number: …………..
Declared before me………………………….[name of witness in capitals] a [notary public] [commissioner for oaths] [peace commissioner] [solicitor] [person authorised by …………………….. [insert authorising statutory provision] to take and receive statutory declarations] by ………………….. [Irish citizen civil partner of applicant]
[who is personally known to me]
Or [who was identified to me by…………..who is personally known to me]
Or [whose identity has been established to me before the taking of this declaration by the production to me of:
passport no. …… [passport number] issued on [date of issue] by the authorities of …….. [issuing state], which is an authority recognised by the Irish Government
Or national identity card no. ……. [identity card number] issued on [date of issue] by the authorities of [issuing state], which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement
Or alien’s passport no. (document equivalent to a passport) ……. [passport number] issued on…. [date of issue] by the authorities of . ……. [issuing state], which is an authority recognised by the Irish Government
Or refugee travel document no. ……… [document number] issued on [date of issue] by the Minister for Justice
Or travel document (other than refugee travel document) [document number] issued on [date of issue] by the Minister for Justice].
At…………..[place of signature] this……..day of………[date]
Signature of witness:…………..
Name of witness: (capitals)…………..
Address of witness:…………..
Day-time telephone number:…………..
SCHEDULE 2:
FORM 11
IRISH NATIONALITY AND CITIZENSHIP ACT 1956
APPLICATION ON BEHALF OF A MINOR BY A PARENT OR GUARDIAN OF, OR PERSON WHO IS IN LOCO PARENTIS TO, A MINOR BORN IN THE STATE WHO DID NOT AT BIRTH HAVE AN ENTITLEMENT TO IRISH CITIZENSHIP UNDER SECTION 6A (AS INSERTED BY SECTION 4 OF THE ACT OF 2004) OF THE ACT OF 1956
Please note before completing the form:
A person who gives false or misleading information is guilty of an offence under the Act and liable to a fine and/or imprisonment. Giving false or misleading information may also result in an application being refused or, where a certificate of naturalisation has been granted, the revocation of that certificate.
1. Details of parent/guardian
1.1 Current given/first name(s):
1.2 Current family/last name:
1.3 Previous name(s):
1.4 Country of birth:
1.5 Date of birth:
1.6 Gender:
1.7 Present nationality:
1.8 Your Person Identity Number:
2. Details of minor born in the State
2.1 Given/first name(s) of minor:
2.2 Family/last name of minor:
2.3 Full name of both parents:
2.4 Mother’s birth last name:
2.5 Date of birth of minor:
2.6 Gender of minor:
2.7 PPS number:
(If a personal public service number has been allocated to the minor)
3. Residential address (parent/guardian and minor)
3.1 Present address:
3.2 Email address:
3.3 Daytime telephone number:
3.4 Evening telephone number:
3.5 Mobile number:
4. Residency details for minor born in the State
4.1 Has the minor been absent from the State for more than 70 days per year in any of the past 3 years?
If yes, provide details ……………….
4.2 Has the minor been resident in the State since birth? Yes / No
If no, please give details of all periods of non-residence:
From……….. To………….. Country……………….. Reason………………….
5. Background (minor)
a. If the minor in respect of whom this application is being made is aged 9 or below, please do not answer these questions as they are not applicable to the application.
b. To be answered in respect of minor applicants aged 10 to 13 inclusive:
Has the minor ever been charged with / convicted of / or is the minor awaiting trial for any of the following offences: murder, manslaughter, rape, rape under section 4 of the Criminal Law (Rape) (Amendment) Act 1990 or aggravated sexual assault within the meaning of section 3 of that Act? Yes / No
If yes, provide details: ……………….
c. To be answered in respect of minor applicants aged 14 and above:
(i) Has the minor ever committed any offences against the laws of Ireland or any other state? Yes / No
(ii) Has the minor ever defrauded any person, company or State agency for financial or other gain? Yes / No
(iii) Does the minor have any convictions in Ireland or any other country (including traffic offences) or any civil judgements made against them? Yes / No
If you answered ‘Yes’ to either question above please complete the details below. If more than one instance, provide details in the additional details section below.
(iv) Date of conviction or judgement:…………..
(v) Place where conviction or judgement took place:…………..
(vi) Outcome:…………..
(vii) Has the minor ever been charged / indicted, inside or outside Ireland, with a criminal offence for which the minor has not yet been tried in court? Yes / No
(viii) Is the minor, or has the minor been, the subject of an investigation in Ireland by An Garda Síochána (Irish police)? Yes / No
(ix) Has the minor been involved in, or been suspected of involvement in, war crimes, crimes against humanity or genocide? Yes / No
(x) Has the minor been associated with, been a member of, or given support, including financial support, to a terrorist organisation, or been involved in, supported, financially or otherwise, or encouraged terrorist activities? Yes / No
(xi) Has the minor, by any means or medium, expressed views that justify or glorify terrorist violence or that may encourage others to commit terrorist acts or other serious criminal acts? Yes / No
(xii) Has the minor engaged in any other activities that might indicate that the minor may not be considered a person of good character? Yes / No
If you answered ‘Yes’ to any of the questions (vi) to (xii) please provide details in the additional details section below. You may also use this section to give details in relation to questions (i) — (v).
6. Declaration
□ By ticking this box, you are declaring that you understand the application form and that all of the facts provided in the application form are true and correct to the best of your knowledge. If you give false or misleading information you could be guilty of an offence under the Act and liable on conviction to a fine and/or imprisonment. Giving false or misleading information may also result in an application being refused or, where a certificate of naturalisation has been granted, the revocation of that certificate.
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GIVEN under my Official Seal,
16 October, 2023.
HELEN MCENTEE,
Minister for Justice.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These regulations amend S.I. 569 of 2011 by the substitution of Form 8 and Form 11 set out in the Schedule to those Regulations.
The purpose of these amendments is to remove Statutory Declarations to be made by applicants on submission of an application for a certificate of naturalisation, as well as to remove the requirements for referee signatures. The removal of these elements allows for increased efficiency in the processing of online applications. These regulations also update Form 11 in the Schedule to reflect the amendments made to the Irish Nationality and Citizenship Act 1956 by way of the Courts and Civil Law (Miscellaneous Provisions) Act 2023 .