495. Deputy Gerry Adams asked the Minister for Justice and Equality if a Palestinian citizen who is married to an Irish citizen is eligible to apply for Irish citizenship. [24866/18]
Minister for Justice and Equality (Deputy Charles Flanagan): 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 attendant to naturalisation can only be made after an application is received.
Section 15 of the Act provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation if satisfied that certain statutory conditions are fulfilled. The conditions are that the applicant must:
- be of full age, or a minor born in the State,
- be of good character,
- have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a further total residence in the State amounting to four years,
- intend in good faith to continue to reside in the State after naturalisation,
- have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows -
(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and (ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.
Section 15A provides that, notwithstanding the above, where the application is based on being the spouse or civil partner of an Irish citizen the requirements are, inter alia, that the couple are married or civil partners to each other for a period of at least 3 years and are living together and, immediately before the date of application, 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 2 years (i.e. 3 years in total). Section 15A(2) provides that the Minister may, in his absolute discretion waive some of the conditions in relation to an application from a spouse or civil partner of an Irish citizen if he is 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 Irish Nationality and Citizenship Act 1956, as amended. The granting of Irish citizenship may have implications regarding any citizenship already held by applicants therefore appropriate research is advised with the authorities in the applicant's originating jurisdiction.
Detailed information on Irish citizenship and naturalisation, along with the relevant application forms and guidance notes, is available on the INIS website at ww.inis.gov.ie.