Citizenship by Birth
Constitution
Article 2 of the Constitution declares that it is the entitlement and birthright of every person born on the island of Ireland, which includes its islands and seas to be part of the Irish nation. It is the entitlement of all persons, qualified in accordance with law, to be citizens of Ireland. The Constitution declares that the Irish nation cherishes its special affinity with people of Irish ancestry living abroad who share its cultural identity and heritage.
Article 9 of the Constitution states that persons who were citizens of the Irish Free State prior to the coming into effect of the Constitution will be citizens of Ireland. The future acquisition and loss of nationality and citizenship is determined in accordance with the law.
A person born on the island of Ireland, including islands and seas, who does not have at the time of that birth, at least one parent who is an Irish citizen or who is entitled to be an Irish citizen is not entitled to Irish citizenship or nationality, unless provided for by law. This provision, which was introduced into the Constitution by referendum in 2004, does not apply to persons born before its introduction.
Citizenship by Birth
The Irish Nationality and Citizenship Acts 1956-2004 determines the right to Irish citizenship. In the case of a person born before 2005, every person born in Ireland became an Irish citizen from birth. Every person became an Irish citizen if his father or mother was an Irish citizen at the time of that person’s birth.A person born on an Irish ship or aircraft, wherever it may be, is deemed born in the island of Ireland.
The automatic conferral of citizenship did not apply to a person, not otherwise an Irish citizen, born in Northern Ireland on or after the establishment of the Irish Free State, unless he (or if a minor, his parents or guardian) declared himself to be an Irish citizen in the prescribed form declared himself to be an Irish citizen.
Post-2005
After 1st January 2005, a person born on the island of Ireland after 1 January 2005 to parents, at least one of whom was an Irish or British citizen or entitled to reside in the State or Northern Ireland without any restrictions on his or her residence, has an entitlement of Irish citizenship. Otherwise, a person born on the island of Ireland after 1 January 2005 is entitled to Irish citizenship only if, during the four-year period immediately preceding the person’s birth, one of the parents has been resident in the island of Ireland for a period of not less than three years and neither parent was entitled to diplomatic immunity in the State.
A person shall be a citizen from the date of his birth if he or she does any act that only an Irish citizen is entitled to do, or, in the case of a person who is not of full age or is suffering from mental incapacity, any act is done on his behalf, which only an Irish citizen is entitled to do. This, in particular, covers the taking out of an Irish passport by a person born in Northern Ireland.
A person born in the island of Ireland is an Irish citizen, if he or she is not entitled to citizenship of any other country. A person born on the island of Ireland who makes a declaration of alienage remains entitled to be an Irish citizen but shall not be an Irish citizen unless he declares in a prescribed form that he is an Irish citizen.
Diplomatic
The entitlement to citizenship did not apply to the child of an alien who, at the time of the child’s birth, is entitled to diplomatic immunity in the State.
A person born on the island of Ireland after the 2004 Act commenced (1st January 2005) is not an Irish Citizen if, at least one of whose parents was at that time entitled to diplomatic immunity in the State and neither of whose parents was at the time of the person’s birth
• an Irish citizen or entitled to be an Irish citizen;
• a British citizen;
• a person entitled to reside in the State (not being a person with a time limited right to reside only); or
• a person entitled to reside in Northern Ireland without any restriction on his or her period of residence
Restrictions
There are restrictions on the entitlement to Irish citizenship for persons born to certain non-nationals since 1st January 2005 Act. There is no automatic entitlement to Irish citizenship unless the parent of that person has, during the four years immediately preceding that person’s birth, been resident in the island of Ireland during three of the preceding four years.
This restriction does not apply
• to a person born before 2005;
• a person born in the island of Ireland 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,
• if the person was born to parents, one of whom was deceased at the time of the person’s birth and the other parent was at that time, or the deceased parent was, immediately before he or she died, an Irish citizen or entitled to be an Irish citizen,
• 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;
• a person born in the island of Ireland 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 (not being a person with a time limited right to reside only),
• if the person was born to parents one of whom was deceased at the time of the person’s birth and the other parent was at that time, or the deceased parent was, immediately before he or she died, British citizen or a person entitled to reside in Northern Ireland (not being a person with a time limited right to reside only),
• 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 (not being a person with a time limited right to reside only),
• a person born in the island of Ireland to parents at least one of whom was at the time of the person’s birth a person entitled to reside in the State (not being a person with a time limited right to reside only)
• if the person was born to parents one of whom was deceased at the time of the person’s birth and the other parent was at that time, or the deceased parent was, immediately before he or she died, a person entitled to reside in the State (not being a person with a time limited right to reside only) or 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 ntitled to reside in the State (not being a person with a time limited right to reside only)
• a person born in the island of Ireland neither of whose parents was at the time of the person’s birth an Irish citizen or entitled to be an Irish citizen, a British citizen,a person entitled to reside in the State (not being a person with a time limited right to reside only) a person entitled to reside in Northern Ireland (not being a person with a time limited right to reside only), and at least one of whose parents was at that time entitled to diplomatic immunity in the State.
In the above context, a “British citizen” means a citizen of the United Kingdom of Great Britain and Northern Ireland.
Posthumous
Where a parent of a person to whom the above provisions apply 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 the parent was, immediately before his or her death, residing in the island of Ireland, and the period in respect of which he or she was, immediately before his or her death, resident in the island of Ireland is reckonable.