The process whereby a non-Irish national can apply to become an Irish citizen is called Naturalisation. It is provided for in the Irish Nationality and Citizenship Act 1956 (as amended). It is important to note that the granting of Irish citizenship through naturalisation is a privilege, not an entitlement. Â
The Act provides that the Minister for Justice may, in their absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled, condition which are set out in Section 15 of the Act and include a period of reckonable residency.
15 (1) Upon receipt of an application for a certificate of naturalisation, the Minister may, in his absolute discretion, grant the application, if satisfied that the applicant:
- is of full age;
- is of good character;
- has had a period of one year’s continuous residence in the State immediately before the date of the application and, during the eight years immediately preceding that period, has had a total residence in the State amounting to four years;
- intends in good faith to continue to reside in the State after naturalisation;
- has made, either before a Justice of the District court in open court or in such manner as the Minister, for special reasons, allows, a declaration in the prescribed manner, of a fidelity to the nation and loyalty to the State.
15 (2) The conditions specified in subsection (1) are referred to in the 1986Â Act as conditions for naturalisations.
Applicant is of Irish descent or Irish associations but does not meet Section 15 Criteria
In addition to the power of the Minister for Justice, in their absolute discretion, to grant a naturalisation application if the conditions set out in Section 15 are fulfilled, the Minister also has discretionary powers, under section 16(1)(a) and 16(1)(b) of the Act, to grant naturalisation to applicants who are of Irish descent or Irish associations, but who do not meet the Section 15 conditions. Â
Being of Irish descent or Irish associations is a prerequisite for consideration under section 16(1)(a&b), but it is not in itself sufficient to ensure any statutory naturalisations conditions can be waived.
The Minister will continue to exercise their absolute discretions in determining applications under section 16(1)(a&b).
Section 16 of the Act (as amended by the 1986 Act)
The Minister may, in his absolute discretion, grant an application for a certificate of naturalisation in the following cases, although the conditions for naturalisation (or any of them) are not complied with:
- Where the applicant is of Irish descent or Irish associations;
- Where the applicant is a parent or guardian acting on behalf of a minor of Irish descent or Irish associations;
- Where the applicant is a naturalised Irish citizen acting on behalf of a minor child of the applicant;
- Where the applicant is married to a naturalised Irish citizen;
- Where the applicant is married to a person who is an Irish citizen (otherwise than by naturalisation);
- Where the applicant is or has been resident abroad in the public service;
Where the applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of refugees of the 28th July, 1951, and the Protocol Relating to the status of Refugees of the 31st days of January, 1967, or is a Stateless person within the meaning of the United Nations Convention relating to the status of Stateless Persons of the 28th day of September, 1954.
What is a person of Irish Associations?
A person is of Irish associations if they are related through blood, affinity or adoption to, or are the civil partner, of:
- a person who is (or is entitled to be) an Irish citizen; or
- a deceased person who was (or was entitled to be) an Irish citizen at the time of their death.
Section 16 criteria for meeting the requirement of descent and each category of Irish association
Th applicant must provide supporting documentation to establish a relationship by Irish descent or association.
STEP 1
Irish Descent in the context of section 16(1)(a) and 16(1)(b)
A person may be considered to be of Irish descent if they are direct lineal descendants of a person who is, or was at their time of death, an Irish citizen.
Irish Associations in the context of section 16(1)(a) and 16(1)(b)
- Blood: A person related by blood to a person who is (or is entitled to be) an Irish citizen or who at the time of their death was (or was entitled to be) an Irish citizen. This blood relationship may be:
- Ascending (parent/grandparent of an Irish child)
- Lateral (siblings)
- Affinity: It is understood as a relationship to another person through marriage, including a relationship that one spouse has, by virtue of the marriage, to blood relatives of the other. Therefore, a person may be considered to be of Irish association if their spouse or their spouse’s relations by blood (i.e. the parent or sibling of an applicant’s spouse) is a person who is (or is entitled to be) an Irish citizen or who at the time of their death was (or was entitled to be) an Irish citizen. There is no affinity between an applicant and the relations by marriage of their spouse. An applicant cannot claim affinity to a person who is related to their spouse only through marriage. Â
- Adoption: Adoption in this context is either:
- An adoption recognised under the Adoption Act 2010
- An adoption based on a legitimate legal process, which placed the child’s welfare as paramount. This must be established by reference to appropriate supporting documentation. The facts of each case will be considered on its own merits, placing particular emphasis on the best interests of the child.
- Civil Partner: A civil partner is defined in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 as either of two persons of the same sex who are parties to a civil partnership registration; or who are parties to a class of legal relationship which is recognised as a civil partnership in accordance with section 5 of the 2010 Act.
STEP 2
Identify which of the statutory naturalisation conditions set out in section 15 of the 1956 Act have not been met by the applicant and may be considered for waiving.
STEP 3
The Minister, in their absolute discretion, will conduct an assessment of the application and determine, based on the supporting documentation, whether the applicant sufficiently demonstrates that their case warrants waiving any of the statutory naturalisation conditions.
In particular, the Minister will assess the application according to the following indicative categories:
- Experiential connection to the State
- Family connections to the State
- Cultural connection to the State
- Establishment in the State
An applicant may be considered as a potentially suitable candidate for the waiving of any or all statutory naturalisation conditions if the applicant is assessed as having a strong connection (i.e. 50% of more of total possible mark) in two or more of the above indicative categories. Supporting documentation will be used to assess the application in each indicative category.Â
It is worth noting that while this assessment will be used by the Minister’s officials to assess the application under section 16(1)(a) and 16(1)(b), there may be other factors not listed that may be taken into account depending on the circumstances of each individual’s case.
Experiential Connection
(Maximum points 50 | strong connection 25)
Criteria | Indicative Scoring | Client’s Score | Client’s Score % |
Length of reckonable residence in Ireland | Maximum 25 points (5 points per year of reckonable residence) | Â | Â |
Applicant is currently resident in the State for tax purposes | 10 points | Â | Â |
Evidence of frequent trips to Ireland in the past 10 years (if not currently resident) | Maximum 15 points (3 points per trip for 5 trips) | Â | Â |
Family Connection
(Maximum points 60 | strong connection 30)
Criteria | Indicative Scoring | Client’s Score | Client’s Score % |
Family members** (as defined in section 15c of the Act), are, or were at the time of death, Irish citizens ordinarily resident in Ireland |    60 points  |  |  |
** Section 15C of the 1956 Act (as amended) defines a family member in relation to a person as:
- The spouse, civil partner or cohabitant of the person;
- A child, step-child, son-in-law or daughter-in-law of the person;
- A parent, step-parent, mother-in-law or father-in-law of the person;
- A brother, sister, step-brother, step-sister, brother-in-law, sister-in-law, half-brother, or half-sister of the person;
- A grandparent or grandchild of the person; or
- An aunt, uncle, nephew, or niece of the person.
Cultural Connection
(Maximum points 60 | strong connection 30)
Criteria | Indicative Scoring | Client’s Score | Client’s Score % |
Evidence of having contributed in a significant was to the Irish nation or Irish society generally, for example, through exemplary voluntary work, engagement in artistic, sporting, academic, or intellectual endeavour, development of local communities, supporting Irish diaspora, promoting Ireland abroad. | 30 points | Â | Â |
Being in possession of a professional/third-level qualification issued in Ireland (NFQ levels 6-10) | 10 points | Â | Â |
Being in possession of a Junior Certificate (or equivalent) from Ireland | 10 points | Â | Â |
Being in possession of a Leaving Certificate (or equivalent) from Ireland | 10 points | Â | Â |
Establishment in the State
(Maximum points 60 | strong connection 30)
Criteria | Indicative Scoring | Client’s Score | Client’s Score % |
Holding a current Irish health, car or home insurance policy | 10 points | Â | Â |
Number of PRSI Contributions | 20 points Maximum (2 points for every 10 PRSI contributions) | Â | Â |
Being a member of a public/private pension fund based in Ireland | 20 points | Â | Â |
Being in possession of a valid full Irish driving license | 5 points | Â | Â |
Holder of Irish bank account with evidence of recent transactions in Ireland | 5 points | Â | Â |
Step 5
Communicating the Decision
All decisions should be issued in writing to applicants. All decisions should be communicated in a way which allows the applicant to understand why the decision has been made, referring specifically to the indicative criteria against which the application was assessed and any other relevant material which the applicant has submitted.
False Declarations
Section 17 (2) 1986 Act If any person, for the purposes of or in relation to an application for a certificate of naturalisation, gives or makes to the Minister any statement or information which is to his knowledge false or misleading in any material respect, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding five hundred pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and imprisonment. “
Interested in Applying for Irish Citizenship Through Naturalisation
If you wish to discuss your eligibilty to apply for Irish citizenship, you can contact us below.Â