Dáil Éireann Debate, Tuesday - 17 November 2009
276 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the status of children born here whose parents are not yet Irish citizens; if they qualify for Irish passports if parents have spent a specific length of time here; and if he will make a statement on the matter. [41499/09]
View answerThe Irish Nationality and Citizenship Act 1956, as amended, provides inter alia for the acquisition of Irish nationality and citizenship. Section 6A of the Act, as inserted by section 4 of the Irish Nationality and Citizenship Act 2004, provides that 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. The section does not apply to certain persons including those born to parents one of whom is at the time of the persons birth an Irish citizen, a British citizen or a person entitled to reside without restriction. For the purpose of calculating reckonable residence under section 6A certain residence is excluded from consideration including unlawful residence, residence for the purpose of study and residence covered by a provisional permission granted pending determination of an asylum application.
In determining if a child, who has applied for a passport to the Passport Office of the Department of Foreign Affairs on the basis that they have an entitlement to Irish citizenship, is entitled to a passport, the Passport Office makes an assessment of the parent's reckonable residence through an examination of their immigration permission stamps. If the parents do not have sufficient residence and the child does not have an entitlement to citizenship, then it will be open to the parent of the child to make an application for a certificate of naturalisation on the child's behalf under section 15 of the 1956 Act, when the child has 5 years reckonable residency in the State.
277 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [41500/09]
View answerOfficials in the Citizenship Division of my Department inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's Question.
