182. Deputy Robert Troy asked the Minister for Justice if a person born in the UK has the right to claim Irish citizenship as a result of marrying an Irish-born citizen. [49966/21]
Minister of State at the Department of Justice (Deputy James Browne): The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act. A determination on whether an applicant satisfies the statutory criteria can only be made after an application is received.
There are no provisions for the spouse or partner of an Irish citizen to acquire Irish citizenship solely by virtue of a marriage or civil partnership. The legal provision that provided for post nuptial citizenship was repealed with effect from 30 November 2005.
Section 15A of the 1956 Act sets out the conditions that apply where the application is based on being the spouse or civil partner of an Irish citizen. The requirements are, that the couple are married or civil partners to each other for a period of at least three years and are living together, and that immediately before the date of application, they have a period of one year’s continuous residence in the island of Ireland and, during the preceding four years, have a further period amounting to two years (i.e. three years in total).
Section 15A(2) further provides that the Minister in their absolute discretion may waive some of the conditions in relation to an application from a spouse or civil partner of an Irish citizen if they are satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory conditions as prescribed in the 1956 Act. The granting of Irish citizenship may also have implications for any citizenship already held by the applicant. Therefore, appropriate research is advised with the authorities in the applicant’s originating jurisdiction prior to making an application.
Detailed information on Irish citizenship and naturalisation, along with the relevant application forms and guidance notes, is available on the Irish Immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/.