Citizenship
Citizenship and the Constitution
Article 9.1 of the Constitution provided that everyone who was a citizen of the Irish Free State in 1937 would become an Irish citizen. The acquisition of citizenship is to be regulated by law, subject to the proviso that no person shall be excluded from citizenship, on account of gender.
Formerly, every person born in Ireland or in an Irish ship or aircraft became an Irish citizen at birth. Persons whose parents were not Irish citizens and were born in Northern Ireland after 6 December 1922, acquire citizenship by making a prescribed declaration.
The amended Article 2 provides that it is the entitlement and the birthright of every person born in the Island of Ireland to be part of the Irish nation.
Since a 2004 referendum, the amended Article 9.2 provides citizenship to those born in the island, , who at the time of their birth have one parent who either is or was entitled to become an Irish citizen. It appears that prior to 2004, that every person born on the Island of Ireland was an Irish citizen or entitled to become an Irish citizen. A person born on the Island of Ireland is an Irish citizen from birth if he would be otherwise stateless.
A person who would be entitled to citizenship of any other country is entitled to be an Irish citizen if he or she does any act which only an Irish citizen is entitled to do. This is generally an application for a passport. However, the failure to do so does not create a presumption that he or she is not an Irish citizen.
A person born on the Island of Ireland whose parents are entitled to diplomatic immunity is not entitled to Irish citizenship where neither parent is entitled to be an Irish citizen or is entitled to reside in the State or in Northern Ireland indefinitely.
Irish citizens wherever born and are entitled to all the rights and privileges conferred by the terms of any enactment on a person born in the State. Most rights of citizens extend to British citizens and to a lesser extent, citizens of the EU, EFTA countries and Switzerland.
The constitutional rights are applicable to citizens only. However, it has also been held that noncitizens enjoy most of the protections.
Any person who at birth had an Irish mother or father who was an Irish citizen was automatically an Irish citizen subject to conditions prior to 2001. Since that time, where a child is born outside Ireland (the Island) and the parent through whom he claims citizenship is also born outside an Island, that child cannot become a citizen unless either the birth was registered or alternatively the parent was abroad in the public service.
Requirement for Parental Residence
A person born on an Irish ship or in Ireland after 1 January 2005 is entitled to be an Irish citizen if during the four years immediately preceding his birth, one of their parents was resident in the Island for not less than an aggregate of three years.
The parental residence requirement does not apply to a person born before the commencement of the Irish Nationality and Citizenship Act 2004. It does not apply to a person born on 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, or
- 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,
The parental residence requirement does not apply to a person born on 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 without any restriction on his or her period of residence,
- 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 British citizen or a person entitled to reside in Northern Ireland without any restriction on his or her period of residence, or
- 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,
Further Exceptions
The parental residence requirement does not apply to a person born on 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 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),
- 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 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
- 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),
The parental residence requirement does not apply to a person born on 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 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
- a person entitled to reside in Northern Ireland without any restriction on his or her period of residence,
and
- at least one of whose parents was at that time entitled to diplomatic immunity in the State.
‘British citizen means a citizen of the United Kingdom of Great Britain and Northern Ireland.
Adoption and Education
Adoption by an Irish citizen confers; make the adopted child an Irish national, citizen.
Generally, residence by non-nationals does not qualify where it is unlawful or only for the purpose of pursuing a course of education or study or for the purpose of a refugee application or any comparable purpose within Northern Ireland.
Naturalisation
A person may become an Irish citizen by naturalisation. There are residence requirements. See generally the sections on naturalisation.
A person, spouse, or civil partner may become a citizen by naturalisation. He must be of full age, good character in a subsisting marriage, and make an application before District Court He must  be in a marriage or civil partnership for three years and be living together, lived in the Island of Ireland continuously for one year before making the application and in the preceding four years, have lived for two years and intend to continue residing in Ilrenad.
The requirements may be waived if the Minister is satisfied, the applicant would suffer serious consequences to his bodily integrity or liberty, if not granted Irish citizenship. A period of residence outside the Island of Ireland, during which the spouse or civil partner was in public service also qualifies.
Persons of Irish descent or association may be naturalised without compliance with the above condition.
The President may confer honorary citizenship on an individual who in the opinion of the government has done signal honour or rendered distinguished service to the nation or to that person’s child or grandchild.
Naturalisation may be revoked if the Minister is satisfied
- that the certificate was acquired by fraud, concealment, misrepresentation;
- the person voluntarily acquired the citizenship of another State, otherwise than through marriage or civil partner;
- the individual failed in his duty of fidelity to the nation and loyalty to the State;
- the person is a citizen of another country at war with the State;