Citizenship Applications.

Dáil Éireann Debate, Wednesday - 30 November 2005

Wednesday, 30 November 2005

Ceisteanna (210, 211, 212)

Gay Mitchell

Ceist:

244 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform the number of applications for naturalisation received each month since 2002, in tabular form; the number of applications processed for which a decision was made in each month; the number of applications granted in each month; the number of applications denied in each month; the date of applications being examined in each month; the expected time in months for applications received in each month to be processed; the number of staff employed in that section each month; and if he will make a statement on the matter. [37083/05]

Gay Mitchell

Ceist:

245 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform if, in respect of the number of applications for naturalisation received in his Department that are taking 24 months to be processed, he plans to reduce these delays and the target time in weeks in which he intends to reduce same; when he intends to reach this target; his plans to increase the number of staff employed in that section; and if he will make a statement on the matter. [37084/05]

Freagraí scríofa

Minister for Justice, Equality and Law Reform (Mr. McDowell)

I propose to take Questions Nos. 244 and 245 together.

Statistical information available in the citizenship section of my Department has always been based on the number of applications received, certificates issued and applications refused. It is not possible, therefore, to provide details of the level of processing, where such processing has not yet resulted either in the issuance of a certificate or in the refusal of a certificate.

Details of the number of applications received, certificates issued and applications refused for the period 2002 to 2005, to the end of October, are set out in tables A to D as follows. It should be noted that the numbers of certificates issued or applications refused in a given period do not necessarily refer to the applications received during that the same period.

TABLE A.

2002	New applications	Certificates issued	Applics. refused
January	208	67	0
February	138	132	0
March	139	96	0
April	235	80	2
May	216	226	2
June	177	130	3
July	374	95	26
August	402	99	31
September	279	149	24
October	318	173	3
November	451	83	0
December	637	2	18
Totals	3,574	1,332	109

TABLE B.

2003	New applications	Certificates issued	Applics. refused
January	271	90	29
February	256	179	4
March	321	178	60
April	312	238	35
May	283	177	1
June	319	174	0
July	351	114	1
August	236	89	4
September	354	142	7
October	298	90	0
November	304	122	18
December	275	71	20
Totals	3,580	1,664	179

TABLE C.

2004	New applications	Certificates issued	Applics. refused
January	334	162	8
February	326	155	49
March	380	144	137
April	155	107	20
May	515	82	20
June	413	115	9
July	388	146	43
August	266	23	57
September	361	183	9
October	311	110	192
November	341	63	227
December	284	45	8
Totals	4,074	1,335	779

TABLE D.

2005	New applications	Certificates issued	Applics. refused/ deemed ineligible**
January	224	36	88
February	347	82	511
March	330	103	187
April	518	205	424
May	341	151	285
June	344	121	200
July	311	171	177
August	393	97	154
September	490	132	41
October	488	134	233
Totals	3,786	1,232	2,300

**Since 1 April 2005, applications are examined shortly after receipt for compliance with statutory residency criteria. Those which do not have the necessary period of residency are deemed to be ineligible and are returned to the applicants. Just over 950 applications have been deemed ineligible in the period 1 April to the end of October.

There were 20 staff assigned to the citizenship section of my Department in November 2004. The major reduction in the number of asylum applications has given me an opportunity to re-focus resources on areas of service provision for non-nationals which have been under-resourced. In the past 12 months, the number of staff working exclusively on citizenship matters has doubled to 41. However, it is important to bear in mind that the citizenship area of the Irish Naturalisation and Immigration Service cannot be considered in isolation. Other sections within that area, such as the section involved in processing of visas, have also seen a significant increase in work volumes in recent time and the distribution of any additional resources has to be undertaken with that in mind.

The average processing time for an application for naturalisation has fluctuated between 12/15 months and 24 months in the period 1997 to date. It is approximately 24 months at present. This is primarily due to the increase in the volume of applications being received, from 1,431 in 2001 to more than likely over 4,500 in 2005. This trend is likely to continue and it is not possible, therefore, to be definitive about future processing times for such applications.

Brendan Howlin

Ceist:

246 Mr. Howlin asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that a person (details supplied) in County Wexford has been informed, in relation to her application for naturalisation on the basis of marriage to an Irish citizen, that her declaration and the affidavit of her spouse are required to be signed on the same date and that her naturalisation application is not acceptable due to the fact that her declaration was signed on 13 November 2005 whereas her spouse’s affidavit was sworn on 14 November 2005; the precise basis on which synchronisation of declarations is demanded by his Department in regard to such applications for naturalisation. [37092/05]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

Section 8 of the Irish Nationality and Citizenship Act, 1956, as amended, provides that a non-national may make a declaration of post-nuptial citizenship following three years' marriage to an Irish citizen, provided that the marriage is subsisting at the date of lodgement of the declaration, and the couple are living together as husband and wife and the spouse who is an Irish citizen submits an affidavit to that effect when the declaration is being lodged.

When a person makes a declaration of post-nuptial citizenship, he or she is effectively declaring that his or her marriage is subsisting on a particular day, that is, the date of lodgement. The date of lodgement is regarded as the date the declaration is completed and witnessed.

Consequently, since the husband of the person concerned completed his declaration on 13 November 2005, he is declaring that the marriage is subsisting on 13 November only, and not that it was subsisting before that day or will be subsisting after it.

Similarly, the wording, "the couple are living together as husband and wife and the spouse who is an Irish citizen submits an affidavit to that effect when the declaration is being lodged", clearly refers only to the time when the affidavit is being sworn. An affidavit sworn on 14 November 2005 does not meet the requirements outlined in this wording since it does not aver that the couple were living together as husband and wife on the date of lodgement, in this case 13 November 2005.

Section 8 of the Irish Nationality and Citizenship Act was repealed on 30 November 2002 and a transition period to facilitate those persons who married before that date ends on 29 November 2005. As matters stand, the husband of the person concerned has not lodged a valid declaration and I understand that, in view of the impending deadline, officials in the citizenship section of my Department were in contact with the Deputy some days ago to make him aware of the substance of this reply. I further understand that the person concerned has indicated to my officials that she and her husband have taken steps to have a new declaration completed in advance of the deadline.