Navigating Your Path to Irish Citizenship

Irish Citizenship by Birth

The law governing entitlement to citizenship by birth in Ireland is set out in Irish Nationality and Citizenship Act 1956, as amended.

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The law is summarised as follows on the INIS website:

“A person born in the island of Ireland after 1 January 2005 to parents, at least one of whom was an Irish or British citizen or entitled to reside in the State or Northern Ireland without any restrictions on his or her residence, has an entitlement of Irish citizenship. Otherwise, a person born in the island of Ireland after 1 January 2005 is entitled to Irish citizenship only if, during the four-year period immediately preceding the person’s birth, one of the parents has been resident in the island of Ireland for a period of not less than three years and neither parent was entitled to diplomatic immunity in the State.”

Reckonable residence is all lawful residence in the State, with the exception of residence permission granted for the purpose of study or in pursuance of a grant of asylum.

A person born on the island of Ireland who meets the conditions for citizenship by birth is automatically entitled to citizenship and can apply for an Irish passport as evidence of this. 

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Naturalisation

Naturalisation is the process by which a non-Irish national can apply to become an Irish citizen. 

Such an application is considered under the provisions on the Irish Nationality and Citizenship Act, 1956 (as amended) which allows for the Minister for Justice and Equality, in her or her absolute discretion, to grant an application for a certificate of naturalization provided certain statutory requirements are met. Those requirements include:

• That an applicant is eighteen years or older;
• The applicant is of good character;
• The applicant has resided continuously in the State for one full year immediately prior to the date of application; and
• During the eight years preceding that, the applicant has a total four years reckonable residence amounted (total five years reckonable residence altogether);
• The applicant in good faith intends to continue to reside in the State after naturalization;
• The applicant must make a declaration of fidelity to the nation and loyalty to the State and undertake to fully observe the laws and values of the State.

There is a slightly different requirement for applicants who are married to an Irish citizen, and therefore only need to show a period of three years reckonable residence in the State, as opposed to five years. These applicants must however still meet the requirement to show one year continuous residence in the State in the year prior to application.

Under Section 16 of the Act, as amended, the Minister also has the power, in his or her absolute discretion to waive one or more of the conditions noted above, where the applicant is of “Irish Associations”.  “Irish Associations” is defined as follows:

1. He or she is related by blood, affinity or adoption to, or is the civil partner of, a person who is an Irish citizen or entitled to be an Irish citizen, or (b) he or she was related by blood, affinity or adoption to, or was the civil partner of, a person who is deceased and who, at the time of his or her death, was an Irish citizen or entitled to be an Irish citizen.

In these cases, the Minister is not obliged to waive any condition and applicants are generally expected to have at least three years residence in Ireland at the time of application, before an application under this section of the Act will be considered.

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Citizenship by Descent

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Irish citizenship by descent is one of the most popular routes for those with familial ties to Ireland. This pathway recognizes your connection to Ireland through your ancestry, even if you were born outside the country.

If you were born outside the island of Ireland to an Irish citizen who was himself or herself born on the island of Ireland, then you are automatically an Irish citizen.

If you were born outside Ireland to an Irish citizen who was himself or herself born outside Ireland, and any of your grandparents were born in Ireland, then you are entitled to become an Irish citizen through what is referred to as Foreign Birth Registration. This is a register maintained by the Department of Foreign Affairs in Ireland which provides the means by which you can “register” your entitlement to citizenship. Your Irish citizenship becomes effective from the date of registration. Once you are issued your Foreign Birth Registration Certificate, you can then apply for an Irish passport. We assist numerous clients in this process and in their subsequent passport applications and advise more generally on entitlement to citizenship by descent.

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Final Thoughts

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Whether you’re establishing your entitlement through descent or applying based on your association and residence, obtaining Irish citizenship opens the door to a wealth of opportunities, including the right to live, work, and travel freely within the European Union. The process may seem complex, but with proper documentation and an understanding of the requirements, your path to citizenship can become a well-charted journey.

We are here to help, If you have a question about Irish citizenship or any other Irish immigration related matter, please contact us for advice.

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