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Irish nationality law

The primary law governing nationality of the Republic of Ireland is the Irish Nationality and Citizenship Act, 1956, which came into force on 17 July 1956. Its regulations apply to the entire island of Ireland, including the Republic of Ireland and Northern Ireland, a constituent part of the United Kingdom.

Irish Nationality and Citizenship Act, 1956
Oireachtas
  • An Act to make provision for the acquisition and loss of Irish nationality and citizenship.
CitationNo. 26 of 1956
Territorial extent
Enacted byDáil Éireann
Enacted11 July 1956 (with amendments from the Seanad)[1]
Enacted bySeanad Éireann
Enacted5 July 1956[2]
Commenced17 July 1956
Administered byDepartment of Justice[3]
Legislative history
First chamber: Dáil Éireann
Bill titleIrish Nationality and Citizenship Bill, 1955
Introduced byJames Everett, Minister for Justice[4]
First reading13 July 1955[4]
Second reading29 February 1956[5]
Third reading10 April 1956[6]
Second chamber: Seanad Éireann
Bill titleIrish Nationality and Citizenship Bill, 1955
Second reading16 May 1956[7]
Third reading5 July 1956[2]
Repeals
Irish Nationality and Citizenship Act, 1935
Status: Amended

All persons born in the Republic before 1 January 2005 are automatically citizens by birth regardless of the nationalities of their parents. Individuals born in the country since that date receive Irish citizenship at birth if at least one of their parents is an Irish citizen or entitled to be one, a British citizen, a resident with no time limit of stay in either the Republic or Northern Ireland, or a resident who has been domiciled on the island of Ireland for at least three of the preceding four years. Persons born in Northern Ireland are usually entitled to – but not automatically granted – Irish citizenship, largely under the same terms. Foreign nationals may become Irish citizens by naturalisation after meeting a minimum residence requirement, usually five years. The President of Ireland may also grant honorary citizenship, which entails the same rights and duties as normal citizenship, although this is rare.

Ireland as a whole was previously part of the United Kingdom and local residents were British subjects. Although 26 of the 32 Irish counties gained independence in 1922 and Irish citizens no longer hold British nationality, they continue to have favoured status when residing in the United Kingdom; they are considered to have automatic and permanent permission to live in the UK, and are eligible to vote in UK elections and stand for public office there.

Ireland is a member state of the European Union (EU) and all Irish nationals are EU citizens. They enjoy free movement rights in EU and European Free Trade Association (EFTA) countries and may vote in elections to the European Parliament.

Terminology

The distinction between the meaning of the terms citizenship and nationality is not always clear in the English language and differs by country. Generally, nationality refers to a person's legal belonging to a sovereign state and is the common term used in international treaties when addressing members of a country, while citizenship usually means the set of rights and duties a person has in that nation. This distinction is clearly defined in non-English speaking countries but not in the Anglosphere.[8]

In the immediate period following Irish independence in 1922, Irish citizenship was a domestic status that existed as a subcategory within a wider British nationality (British subject status) applicable to all citizens of the British Empire and Commonwealth of Nations.[9] Despite Irish attempts to assert a separate nationality in the 1930s,[10] this separation was not acknowledged by Britain until 1949.[11] In the modern Irish context, there is little distinction between the two terms and they are used interchangeably.[12]

History

Pre-independence context

Since the Anglo-Norman invasion of Ireland in the late 12th century, England has been politically and militarily involved on the island.[13] English control was tenuous until the Tudor conquest in the 16th century, during which the entire island was assimilated into the Kingdom of Ireland.[14] After passage of the Acts of Union 1800, Ireland was merged with the Kingdom of Great Britain to form the United Kingdom of Great Britain and Ireland.[15] Accordingly, British nationality law applied in Ireland.[16] Any person born in Ireland, as a constituent part of the United Kingdom, or anywhere else within Crown dominions was a natural-born British subject.[17]

British nationality law during this time was uncodified and did not have a standard set of regulations,[18] relying instead on past precedent and common law.[19] Until the mid-19th century, it was unclear whether rules for naturalisation in the United Kingdom were applicable elsewhere in the Empire. Colonies had wide discretion in developing their own procedures and requirements for naturalisation up to that point.[20] In 1847, the British Parliament formalised a clear distinction between subjects who naturalised in the UK and those who did so in other territories. Individuals who naturalised in the UK were deemed to have received the status by imperial naturalisation, which was valid throughout the Empire. Those naturalising in colonies were said to have gone through local naturalisation and were given subject status valid only within the relevant territory;[21] a subject who locally naturalised in Canada was a British subject there, but not in England or New Zealand. When travelling outside of the Empire, British subjects who were locally naturalised in a colony were still entitled to imperial protection.[22]

The British Parliament brought regulations for British subject status into codified statute law for the first time with passage of the British Nationality and Status of Aliens Act 1914. British subject status was standardised as a common nationality across the Empire. Dominions that adopted Part II of this Act as part of local legislation were authorised to grant subject status to aliens by imperial naturalisation.[23][24]

Partition and lingering imperial ties

 

Resistance to the Union and desire for local self-governance led to the Irish War of Independence. Following the war, the island of Ireland was partitioned into two parts. Southern Ireland became the Irish Free State in 1922, while Northern Ireland remains part of the United Kingdom.[25] When the Constitution of the Irish Free State came into force on 6 December 1922, any individual domiciled in Ireland automatically became an Irish citizen if they were born in Ireland, born to at least one parent who was born in Ireland, or living in Ireland for at least seven years prior to independence. Any person who already held citizenship of another country could choose not to accept Irish citizenship.[26]

Under the terms of the Anglo-Irish Treaty, Northern Ireland was included in the Irish Free State on independence, but had the right to opt out of the new state within one month of its establishment. This option was exercised on 7 December 1922. The 24-hour period in which Northern Ireland was officially part of the Irish Free State meant that every person ordinarily resident in Northern Ireland on 6 December who fulfilled the citizenship provisions in the Constitution had automatically become an Irish citizen on that date.[27]

At its inception, the Irish Free State gained independence as a Dominion within the British Empire.[28] Imperial legislation at the time dictated that although individual Dominions could define a citizenship for their own citizens, that citizenship would only be effective within the local Dominion's borders. A Canadian, New Zealand, or Irish citizen who traveled outside of their own country would have been regarded as a British subject. This was reinforced by Article 3 of the 1922 Constitution, which stated that Irish citizenship could be exercised "within the limits of the jurisdiction of the Irish Free State".[9]

When Free State authorities were first preparing to issue Irish passports in 1923, the British government insisted on the inclusion of some type of wording that described the holders of these passports as "British subjects". The two sides could not reach agreement on this issue and when the Irish government began issuing passports in 1924, British authorities refused to accept these documents. British consular staff were instructed to confiscate any Irish passports that did not include the term "British subject" and replace them with British passports. This situation continued until 1930, when Irish passports were amended to describe its holders as "one of His Majesty's subjects of the Irish Free State".[29] Despite these disagreements, the two governments agreed not to establish border controls between their jurisdictions and all Irish citizens and British subjects continued to have the ability to move freely within the Common Travel Area.[30]

Delayed citizenship legislation

Although the Constitution provided a definition for who acquired citizenship at the time of independence, it contained no detail on how to acquire it after 1922. This created a number of anomalous situations, including the inability to naturalise foreigners resident in Ireland and foreign spouses of Irish citizens being unable to acquire citizenship.[31]

By the end of the First World War, the other Dominions had exercised increasing levels of autonomy in managing their own affairs and each by then had developed a distinct national identity. Britain formally recognised this at the 1926 Imperial Conference, jointly issuing the Balfour Declaration with all the Dominion heads of government, which stated that the United Kingdom and Dominions were autonomous and equal to each other within the British Commonwealth of Nations. Full legislative independence was granted to the Dominions with passage of the Statute of Westminster 1931.[32]

Legislation clarifying citizenship acquisition was delayed due to the government's desire to negotiate an exception in British subject status with the rest of the Commonwealth. Ultimately, no compromise on the issue was reached but Ireland did not pass its own nationality legislation until after passage of the Statute of Westminster 1931. The Irish Nationality and Citizenship Act enacted by the Oireachtas in 1935 provided a full framework detailing requirements for obtaining citizenship. Under the 1935 Act, any individual born in the Irish Free State on or after 6 December 1922, or overseas to an Irish father who himself was born in the state, was a natural-born citizen. Children born abroad to an Irish father who himself was not born within the Free State were required to have had their birth registered within two years. Northern Ireland was treated as outside of the Free State for the purposes of this Act.[33]

Any person born in Ireland before 6 December 1922 who did not automatically acquire citizenship under the Constitution due to their residence abroad on that date could acquire citizenship by becoming domiciled in the Free State, along with their children. Irish-born individuals continuing to live overseas became eligible to acquire Irish citizenship by registration, provided that they had not voluntarily naturalised as citizens of another country. Foreign nationals who resided in the Free State for at least five years could apply for naturalisation.[34] Irish citizens older than age 21 who acquired foreign citizenship automatically lost Irish citizenship, and any Irish child who was registered in the Foreign Births Register was required after reaching age 21 to make a declaration of their intention to retain Irish citizenship and stating that they had renounced all other nationalities.[35]

Conflicting definition for "Irish national"

During the period before passage of the 1935 Act, the government enacted several pieces of legislation that restricted certain types of economic activity to "Irish nationals". Under the Control of Manufactures Act 1932, Irish companies were required to be majority-owned by Irish nationals. Because legislation was not yet enacted that defined who was a national, this Act provided a separate definition: an Irish "national" was someone born within the borders of the Free State or had been domiciled there for at least five years before 1932. This definition continued to be used even after the 1935 Act was enacted. Significant portions of the Northern Irish population became treated as foreigners in commerce as a consequence of these provisions.[36]

This statutory definition differed based on the type of business that a particular Act was regulating. For agriculture and banking, a person born overseas must have been resident in the Free State for at least five years before 1933 to qualify as an Irish national. However, when determining the amount of stamp duty to be levied on property transactions, an Irish national was someone who had lived in the state for three years before 1947.[37] This discrepancy between "Irish national" and "Irish citizen" was not resolved until legislative reform in 1956.[38]

Common code noncompliance

Standard regulations in Commonwealth countries at the time strictly complied with the doctrine of coverture, where a woman's consent to marry a foreigner was also assumed to be intent to denaturalise.[39] Women's rights groups throughout the Empire pressured the imperial government to amend nationality regulations that tied a married woman's status to that of her husband.[40] Because the British government could no longer enforce legislative supremacy over the Dominions after 1931 and wanted to maintain a strong constitutional link to them through the common nationality code, it was unwilling to make major changes without unanimous agreement among the Dominions on this issue, which it did not have.[41] The 1935 Irish legislation stated that marriage between an Irish citizen and foreign spouse did not affect the national status of either spouse, eroding imperial legal uniformity in this regard. New Zealand and Australia also amended their laws in 1935 and 1936 to allow women denaturalised by marriage to retain their rights as British subjects.[42]

Moreover, the 1935 Act further deviated from the common code by creating an Irish nationality distinct from British nationality and explicitly repeals all related British-enacted legislation. Despite this separation, British subjects from the United Kingdom and other Commonwealth countries remained defined as non-foreign in Irish law and those resident in Ireland continued to be treated almost identically to Irish citizens.[10] Irish citizens have not been considered British subjects under Irish law since passage of this Act.[43] Regardless, the British government continued to treat virtually all Irish citizens as British subjects, except for those who had acquired Irish citizenship by naturalisation, since the Free State had not incorporated Part II of the British Nationality and Status of Aliens Act 1914 into its legislation. The Irish government rejected adopting this provision to avoid the appearance that the Free State was acknowledging in any way that Britain could legislate for Ireland and due to overwhelmingly negative public opinion of the post-independence populace.[44] Although residents of Northern Ireland were disadvantaged in acquiring citizenship and conducting commerce under Irish law, the territory remained defined as an integral part of the state in the revised 1937 Constitution of Ireland.[38]

Changing relationship with Britain and the Commonwealth

Diverging developments in Dominion legislation, as well as growing assertions of local national identity separate from that of Britain and the Empire, culminated with the creation of a substantive Canadian citizenship in 1946, breaking the system of a common imperial nationality. Combined with the approaching independence of India and Pakistan in 1947, comprehensive reform to British nationality law was necessary at this point to address ideas that were incompatible with the previous system.[45]

The British Nationality Act 1948 abolished the common code and each Commonwealth country would enact legislation to create its own nationality. British subject was redefined to mean any citizen of a Commonwealth country. Commonwealth citizen is defined in the Act to have the same meaning. British subject/Commonwealth citizen status co-existed with the citizenships of each Commonwealth country.[46] Ireland formally declared itself a republic and removed the British monarch's remaining official functions in the Irish state in 1948, consequently ceasing to be a member of the Commonwealth after passage of the Ireland Act 1949 in the British Parliament.[11] Although Irish citizens have no longer been defined as British subjects since 1949, they continue to be treated as non-foreign in the United Kingdom and retain the same rights and privileges exercised by Commonwealth citizens;[47][46] Irish citizens remain eligible to vote and stand for parliament in the UK.[48]

Commonwealth citizens initially continued to hold free movement rights in both the UK and Ireland after 1949. British authorities systemically discouraged non-white immigration into the UK, but strong economic conditions in Britain following the Second World War attracted an unprecedented wave of colonial migration.[49] In response, the British Parliament imposed immigration controls on any Commonwealth citizens originating from outside the British Islands with the Commonwealth Immigrants Act 1962.[50] Ireland mirrored this restriction and limited free movement only to people born on the islands of Great Britain or Ireland. However, individuals born in the UK since 1983 are only British citizens if at least one parent is already a British citizen. The Irish regulation created a legal anomaly where persons born in Britain without British citizenship nevertheless held an unrestricted right to settle in Ireland; this inconsistency was removed in 1999.[51]

Subsequent reforms as a republic

The 1956 Irish Nationality and Citizenship Act, which replaced the earlier 1935 Act, expanded the available pathways to citizenship and allowed more situations to retain it. Restrictions on holding multiple nationalities were repealed and any Irish citizen who acquired another nationality no longer automatically lost their Irish citizenship. Individuals could instead voluntarily choose to renounce their Irish citizenship and any person born in Northern Ireland who did not otherwise acquire Irish citizenship by descent could claim citizenship by making a formal declaration. Foreign wives of male Irish citizens could register as citizens with no further requirements[52] and citizenship became transferable by descent through mothers as well as fathers. Although children born overseas to foreign-born Irish citizens were still required to be registered in the Foreign Births Register to claim citizenship, registration was no longer subject to a time limit.[53] Registered individuals were deemed to have been Irish citizens backdated to their date of birth, allowing their children born at any time to acquire citizenship as well.[54]

Foreign husbands of Irish citizens became eligible for citizenship by marriage with an amendment in 1986, but a three-year waiting period was introduced for applicants of either sex before eligible individuals could apply and couples were required to be living together in the same residence.[55] Registration in the Foreign Births Register no longer makes citizenship effective from an applicant's date of birth but from the date of registration instead.[54] The 1986 amendment provided for a six-month transition period ending on 31 December 1986 when registration continued to be backdated, triggering a rush among affected individuals to register before the new rules took effect. The sudden large volume of applications became impossible to process before the end of the year, resulting in some individuals losing their entitlement to citizenship from birth. A further amendment in 1994 allowed those who had applied during the transition period but did not have their applications processed in time to re-register under the 1956 Act.[56] Since 2004, spouses of Irish citizens no longer have a facilitated path to acquiring citizenship.[57]

European integration

In 1973, Ireland joined the European Communities (EC), a set of organisations that later developed into the European Union (EU).[58] Irish citizens have since been able to work in other EC/EU countries under the freedom of movement for workers established by the 1957 Treaty of Rome[59] and participated in their first European Parliament elections in 1979.[60] With the creation of European Union citizenship by the 1992 Maastricht Treaty, free movement rights were extended to all nationals of EU member states regardless of their employment status.[61] The scope of these rights was further expanded with the establishment of the European Economic Area in 1994 to include any national of an EFTA member state except for Switzerland,[62] which concluded a separate free movement agreement with the EU that came into force in 2002.[63]

Following the United Kingdom's 2016 referendum in favour of leaving the EU, Irish citizenship applications from Britain (excluding Northern Ireland) increased substantially. While only 54 people from Britain naturalised as Irish citizens in 2015 before the referendum, this number had grown to 1,156 by 2021.[64] Despite the UK's withdrawal from the EU on 31 January 2020, Irish citizens continue to have free movement in the UK and Crown dependencies.[65]

Citizenship by investment

In 1988, a citizenship by investment pathway was created to attract foreign investment into the country as a way to help lower the high unemployment rate. A foreigner could acquire Irish citizenship through this programme after investing IR£1 million in a business with the goal of creating or maintaining 10 jobs for at least five years. Investors were required to maintain an Irish address or live in the country for at least 60 days before receiving an Irish passport.[66]

Under the 1956 Act, the Minister for Justice has absolute discretionary power to waive any requirements for citizenship. The citizenship by investment programme was operated under this authority and was not publicly advertised. About 100 people were able to acquire Irish citizenship through this pathway before its end in 1998. A significant number of applicants who acquired Irish passports in this way never lived or even entered the country and their commitments to boosting Irish employment were not fulfilled.[67]

Restrictions to birthright citizenship

Negotiations for the Northern Ireland peace process began between the British and Irish governments in 1991 and resulted in the 1998 Good Friday Agreement.[68] Under these accords, Northern Irish residents were acknowledged as having the right to hold either or both British and Irish citizenships, and any person born on the island of Ireland had a right to hold Irish citizenship. Both of these changes became constitutional entitlements when the Nineteenth Amendment of the Constitution of Ireland was adopted in 1999.[69]

Although Ireland had long granted birthright citizenship to any person born on the island prior to this amendment as a part of statute law, increasing levels of immigration into the country soon affected the degree to which that entitlement would be given.[70] In the 1990 Supreme Court case Fajujonu v Minister for Justice, it was ruled that noncitizen parents of Irish-born children were entitled to remain in Ireland through their children's rights of residence. The application of this ruling was extremely permissive in the immediate subsequent period; any non-Irish parent of a child born in Ireland was permitted to remain. The scope of this entitlement was reduced in a 2003 Supreme Court ruling, which determined that the Minister for Justice could examine the circumstances by which a noncitizen parent was claiming a right to remain and held discretionary power to deport any such persons found to be acting contrary to national interest. For Irish-born children with one Irish citizen parent, the noncitizen parent continued to be granted a right to remain without any such qualifications.[71] About 10,600 people were able to claim Irish residence through their Irish-born children.[72]

However, the scope of noncitizen parental residence rights in the EU was expanded in the 2004 European Court of Justice case Chen v Home Secretary in which Man Lavette Chen, a Chinese woman who had traveled to Northern Ireland to give birth to her Irish citizen daughter then subsequently relocated to Wales with the intention of permanently living in the UK, was ruled to have a right of residence in the EU as the primary caregiver of an EU citizen exercising free movement rights in another member state.[73] In response to the perceived "abuse" of citizenship, the Irish government proposed a constitutional amendment limiting birthright citizenship only to people with a sufficient existing connection to Ireland. The Irish and British governments issued a joint statement clarifying that the intent of the Good Friday Agreement was not to grant citizenship to persons unconnected to the country and that the proposed changes would not violate the existing agreement on Northern Ireland.[74]

Following a 2004 referendum, the Twenty-seventh Amendment of the Constitution of Ireland was enacted that made the entitlement to birthright citizenship for people without Irish parents dependent on legislation rather than the Constitution. That entitlement was then revoked by the Irish Nationality and Citizenship Act 2004. Children born in Ireland beginning in 2005 are only granted citizenship by birth if at least one parent is an Irish citizen or entitled to be one, a British citizen, a resident with no time limit of stay in either the Republic or Northern Ireland, or a resident who has been domiciled on the island of Ireland for at least three of the preceding four years.[75]

Acquisition and loss of citizenship

Entitlement by birth, descent, or adoption

All persons born in the Republic of Ireland before 1 January 2005 automatically received citizenship at birth regardless of the nationalities of their parents.[76] Individuals born anywhere on the island of Ireland from that year on receive Irish citizenship at birth if they are not entitled to any other country's citizenship. Otherwise, they are entitled to but not automatically granted citizenship if at least one parent is an Irish citizen or holds an entitlement to Irish citizenship, a British citizen, a resident with no time limit of stay in either the Republic or Northern Ireland, or a resident who has been domiciled on the island of Ireland for at least three of the preceding four years.[77] Any person entitled to Irish citizenship who performs an act that only an Irish citizen has a right to do, such as applying for an Irish passport or registering to vote in national elections, automatically becomes a citizen.[57]

Individuals born in Northern Ireland from 6 December 1922 to 1 December 1999 who did not have an Irish citizen parent were entitled to become Irish citizens by declaration. Any person born in that territory from 2 December 1999 to 31 December 2004 is entitled to Irish citizenship regardless of the statuses of their parents;[78] this includes children born in Ireland between these dates to foreign government officials with diplomatic immunity, who are eligible to claim citizenship by special declaration.[79]

Children born overseas are Irish citizens by descent if either parent was born in Ireland and is either an Irish citizen or entitled to be one, while those born to an Irish parent who was also born overseas are only entitled to Irish citizenship if their birth is registered at an Irish diplomatic mission or the parent was resident abroad while in public service. Irish citizenship can be continually transmitted through each generation born abroad provided that each subsequent generational birth is registered in the Foreign Births Register.[80] About 1.47 million Irish citizens live outside of the Republic, although this number does not include those resident in Northern Ireland or Britain.[81]

Adopted children are automatically granted Irish citizenship if the adoption is completed in Ireland; parents adopting children overseas must register an adoption with Irish authorities for the process to take effect in Irish law and are required to apply for immigration clearance before any adopted children may enter the country as citizens.[79] Abandoned children found in Ireland with unclear parentage are considered to have been born on the island to at least one Irish parent.[82]

Naturalisation

 
Minister for Justice Alan Shatter, Waterford mayor John Cummins, and former High Court judge Bryan MacMahon with a new citizen at a 2014 citizenship ceremony

Foreigners over the age of 18 as well as minors born in Ireland may naturalise as Irish citizens after residing in the country for at least five of the previous nine years, with one year of continuous residence immediately preceding an application. For applicants married to or in civil partnership with Irish citizens, the residence requirement is reduced to three of the last five years. Candidates must satisfy a good character requirement and intend to remain domiciled in Ireland after naturalising. Individuals under investigation by local police are routinely denied naturalisation. Successful applicants are required to take an oath of citizenship at a public citizenship ceremony. The Minister for Justice has discretionary power to waive any or all citizenship requirements for applicants of Irish descent or association, minor children of naturalised citizens, individuals in public service stationed overseas, or recognised refugees and stateless persons.[83]

Loss and resumption

Irish citizenship can be relinquished by making a declaration of renunciation, provided that the declarant ordinarily resides overseas and already possesses or is in the process of obtaining another nationality. Renunciations cannot be made during wartime unless exceptionally approved by the Minister for Justice.[84] Former citizens who were born on the island of Ireland may subsequently apply to reacquire citizenship. Previously naturalised individuals or those who had acquired citizenship by descent do not have a direct path to citizenship restoration and must complete the naturalisation process to regain Irish citizenship.[85]

Citizenship may be involuntarily removed from naturalised persons who fraudulently acquired the status,[84] willfully perform an overt act that constitutes a breach of loyalty to the state, holds citizenship of a country at war with the Republic, or has voluntarily acquired another citizenship by any method except through marriage or civil partnership. Naturalised persons, other than those of Irish descent or employed in the civil service, who reside outside of the Republic for a continuous period of seven years without annually registering their intention to retain Irish citizenship may be stripped of their citizenship. Individuals who obtained citizenship through their marriage or civil partnership to an Irish citizen before 2005 and who reside outside of the island of Ireland may also have their status removed. This provision for citizenship loss is not enforced in practice.[86]

Honorary citizenship

On advice from the government, the President of Ireland has authority to grant honorary Irish citizenship to any person deemed to have rendered an extraordinary service to the nation. Despite being labeled "honorary", this type of citizenship is a substantive status and gives its holders all the rights and privileges that other Irish citizens have. Honorary Irish citizenship has only been awarded to 11 people:[87]

Taoiseach Seán Lemass intended to award United States president John F. Kennedy honorary citizenship during his state visit to Ireland in 1963, but this was declined due to restrictions in U.S. law that made it difficult for the head of state to accept a foreign honour.[88] Although the Irish government was prepared to enact special legislation to grant a purely honorary title to President Kennedy rather than the substantial status, the U.S. Office of Legal Counsel determined that his acceptance of a personal honour of any kind without the express approval of the United States Congress would have been in violation of the Foreign Emoluments Clause of the United States Constitution.[89]

See also

References

Citations

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  3. ^ "Immigration, International Protection and Citizenship Services". Department of Justice. from the original on 14 March 2022. Retrieved 16 July 2022.
  4. ^ a b "Irish Nationality and Citizenship Bill, 1955: First Stage".
  5. ^ "Irish Nationality and Citizenship Bill, 1955: Second Stage – Dáil".
  6. ^ "Irish Nationality and Citizenship Bill, 1955: Report and Final Stages – Dáil".
  7. ^ "Irish Nationality and Citizenship Bill, 1955: Second Stage – Seanad".
  8. ^ Kondo 2001, pp. 2–3.
  9. ^ a b Daly 2001, pp. 378–379.
  10. ^ a b Daly 2001, p. 386.
  11. ^ a b Mansergh 1952, pp. 277–278.
  12. ^ Guillaumond 2016, p. 4.
  13. ^ Veach 2019, p. 40.
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  15. ^ Kelly 1987, p. 236.
  16. ^ Handoll 2012, p. 2.
  17. ^ Karatani 2003, pp. 41–42.
  18. ^ Gosewinkel 2008, p. 13.
  19. ^ Karatani 2003, p. 41.
  20. ^ Karatani 2003, pp. 55–56.
  21. ^ Historical background information on nationality, p. 8.
  22. ^ Karatani 2003, p. 56.
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  25. ^ Lloyd 1998, pp. 515–516.
  26. ^ Daly 2001, pp. 377–378.
  27. ^ Daly 2001, p. 391.
  28. ^ Lowry 2008, p. 205.
  29. ^ Daly 2001, pp. 380–381.
  30. ^ Ryan 2001, pp. 859–860.
  31. ^ Daly 2001, pp. 382–383.
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  35. ^ Daly 2001, p. 397.
  36. ^ Daly 2001, pp. 392–393.
  37. ^ "What is an 'Irish National'?", Irish Jurist, p. 38.
  38. ^ a b Daly 2001, p. 392.
  39. ^ Baldwin 2001, p. 526.
  40. ^ Baldwin 2001, p. 522.
  41. ^ Baldwin 2001, pp. 546–549.
  42. ^ Baldwin 2001, p. 552.
  43. ^ Heuston 1950, p. 85.
  44. ^ Daly 2001, pp. 382, 387.
  45. ^ Karatani 2003, pp. 114–115, 122–126.
  46. ^ a b Daly 2001, p. 388.
  47. ^ Mansergh 1952, p. 282.
  48. ^ Ryan 2001, p. 861.
  49. ^ Hansen 1999, pp. 90, 94–95.
  50. ^ Evans 1972, p. 508.
  51. ^ Ryan 2001, p. 862.
  52. ^ Handoll 2012, pp. 4–5.
  53. ^ Daly 2001, p. 401.
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  56. ^ Handoll 2006, pp. 299–300.
  57. ^ a b Handoll 2012, p. 7.
  58. ^ Nugent 2017, pp. 27–28.
  59. ^ Siskind 1992, pp. 899, 906.
  60. ^ Lewis, Flora (20 May 1979). "Europe Gets Set to Vote; It's Not Sure About What". The New York Times. from the original on 8 April 2022. Retrieved 8 April 2022.
  61. ^ Wiener 1997, pp. 529, 544.
  62. ^ Tobler 2020, pp. 482–483.
  63. ^ Vahl & Grolimund 2006, p. 12.
  64. ^ Hutton, Brian (27 June 2022). "Applications from Britons for Irish citizenship soar by almost 1,200% since Brexit". The Irish Times. from the original on 12 July 2022. Retrieved 11 July 2022.
  65. ^ "Common Travel Area guidance". gov.uk. United Kingdom: Home Office. from the original on 17 January 2022. Retrieved 11 July 2022.
  66. ^ Piola 2006, p. 52.
  67. ^ Piola 2006, pp. 52–53.
  68. ^ "Good Friday Agreement timeline of key events". Belfast Telegraph. 10 April 2018. from the original on 9 July 2021. Retrieved 14 July 2022.
  69. ^ Handoll 2012, p. 6.
  70. ^ Handoll 2012, p. 1.
  71. ^ Handoll 2012, pp. 8–9.
  72. ^ Melia, Paul (15 August 2005). "10,000 non-Irish parents permitted to remain". Irish Independent. from the original on 16 July 2022. Retrieved 15 July 2022.
  73. ^ King 2019, pp. 358–361.
  74. ^ Handoll 2012, p. 9.
  75. ^ Handoll 2012, pp. 9–12.
  76. ^ Handoll 2012, pp. 3–4, 6, 10.
  77. ^ Handoll 2012, pp. 11–12.
  78. ^ Handoll 2012, pp. 4, 6.
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  82. ^ Handoll 2012, pp. 10–11.
  83. ^ Handoll 2012, pp. 12–13.
  84. ^ a b Handoll 2012, p. 14.
  85. ^ "Renounce or reacquire Irish Citizenship". Department of Justice. from the original on 2 June 2022. Retrieved 2 June 2022.
  86. ^ Handoll 2012, p. 15.
  87. ^ Michael McDowell, Minister for Justice, Equality and Law Reform, "Irish Nationality and Citizenship Bill 2004: Report Stage (Resumed)".
  88. ^ Sheehy, Clodagh (29 December 2006). "JFK had to turn down citizenship offer from government". Irish Independent. from the original on 29 March 2022. Retrieved 15 July 2022.
  89. ^ Forrester 2013, pp. 278–284.

General sources

Publications

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  • Forrester, Nathan A., ed. (2013). Supplemental Opinions of the Office of Legal Counsel (Report). Vol. 1. United States Department of Justice. from the original on 26 January 2023. Retrieved 25 February 2023.
  • Gosewinkel, Dieter (15 April 2008). Nation and Citizenship from the Late Nineteenth Century Onwards: A Comparative European Perspective (PDF) (Report). European Parliament. (PDF) from the original on 27 May 2019. Retrieved 7 August 2021.
  • Guillaumond, Julien (2016). "Who is Irish Today? Citizenship and Nationality Issues in 21st Century Ireland". Revue Française de Civilisation Britannique. University of Rouen Normandy. XXI (1): 1–18. doi:10.4000/rfcb.882.
  • Handoll, John (October 2012). Country report: Ireland (Report). European University Institute. hdl:1814/19618.
  • Handoll, John (2006). "Ireland". In Waldrauch, Harald; Bauböck, Rainer; Ersbøll, Eva; Groenendijk, Kees (eds.). Acquisition and Loss of Nationality – Volume 2: Country Analyses: Policies and Trends in 15 European Countries. Amsterdam University Press. pp. 289–328. ISBN 978-90-5356-9214. JSTOR j.ctt46n00f.12.
  • Hansen, Randall (1999). "The Politics of Citizenship in 1940s Britain: The British Nationality Act". Twentieth Century British History. Oxford University Press. 10 (1): 67–95. doi:10.1093/tcbh/10.1.67.
  • Heuston, R.F.V. (1950). "British Nationality and Irish Citizenship". International Affairs. Oxford University Press. 26 (1): 77–90. doi:10.2307/3016841. JSTOR 3016841.
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  • King, David H. (2019). "Zhu and Chen Revisited: An Update on the ECJ's Jurisprudence on the Derivative Rights of Third-party Nationals". Loyola of Los Angeles International and Comparative Law Review. Loyola Marymount University. 42 (3): 357–369. from the original on 2 March 2021. Retrieved 15 July 2022.
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Parliamentary debates

  • "Irish Nationality and Citizenship Bill, 1955: First Stage". Dáil Éireann debates. Ireland: Dáil Éireann. 13 July 1955. Retrieved 17 September 2022. 3 November 2019 at the Wayback Machine
  • "Irish Nationality and Citizenship Bill, 1955: Second Stage". Dáil Éireann debates. Ireland: Dáil Éireann. 29 February 1956. Retrieved 17 September 2022. 3 February 2022 at the Wayback Machine
  • "Irish Nationality and Citizenship Bill, 1955: Second Stage". Seanad Éireann debates. Ireland: Seanad Éireann. 16 May 1956. Retrieved 17 September 2022. 15 May 2018 at the Wayback Machine
  • "Irish Nationality and Citizenship Bill, 1955: Report and Final Stages". Dáil Éireann debates. Ireland: Dáil Éireann. 10 April 1956. Retrieved 17 September 2022. 3 November 2019 at the Wayback Machine
  • "Irish Nationality and Citizenship Bill, 1955: Report and Final Stages". Seanad Éireann debates. Ireland: Seanad Éireann. 5 July 1956. Retrieved 17 September 2022. 28 January 2021 at the Wayback Machine
  • "Irish Nationality and Citizenship Bill, 1955 – From the Seanad". Dáil Éireann debates. Ireland: Dáil Éireann. 11 July 1956. Retrieved 17 September 2022. 3 November 2019 at the Wayback Machine
  • "Irish Nationality and Citizenship Bill 2004: Report Stage (Resumed)". Dáil Éireann debates. Ireland: Dáil Éireann. 30 November 2004. Retrieved 15 July 2022. 14 July 2021 at the Wayback Machine

External links

  • Irish Immigration Service

irish, nationality, irish, citizen, redirects, here, newspaper, irish, citizen, primary, governing, nationality, republic, ireland, irish, nationality, citizenship, 1956, which, came, into, force, july, 1956, regulations, apply, entire, island, ireland, includ. Irish citizen redirects here For the newspaper see The Irish Citizen The primary law governing nationality of the Republic of Ireland is the Irish Nationality and Citizenship Act 1956 which came into force on 17 July 1956 Its regulations apply to the entire island of Ireland including the Republic of Ireland and Northern Ireland a constituent part of the United Kingdom Irish Nationality and Citizenship Act 1956OireachtasLong title An Act to make provision for the acquisition and loss of Irish nationality and citizenship CitationNo 26 of 1956Territorial extentRepublic of IrelandNorthern IrelandEnacted byDail EireannEnacted11 July 1956 with amendments from the Seanad 1 Enacted bySeanad EireannEnacted5 July 1956 2 Commenced17 July 1956Administered byDepartment of Justice 3 Legislative historyFirst chamber Dail EireannBill titleIrish Nationality and Citizenship Bill 1955Introduced byJames Everett Minister for Justice 4 First reading13 July 1955 4 Second reading29 February 1956 5 Third reading10 April 1956 6 Second chamber Seanad EireannBill titleIrish Nationality and Citizenship Bill 1955Second reading16 May 1956 7 Third reading5 July 1956 2 RepealsIrish Nationality and Citizenship Act 1935Status AmendedAll persons born in the Republic before 1 January 2005 are automatically citizens by birth regardless of the nationalities of their parents Individuals born in the country since that date receive Irish citizenship at birth if at least one of their parents is an Irish citizen or entitled to be one a British citizen a resident with no time limit of stay in either the Republic or Northern Ireland or a resident who has been domiciled on the island of Ireland for at least three of the preceding four years Persons born in Northern Ireland are usually entitled to but not automatically granted Irish citizenship largely under the same terms Foreign nationals may become Irish citizens by naturalisation after meeting a minimum residence requirement usually five years The President of Ireland may also grant honorary citizenship which entails the same rights and duties as normal citizenship although this is rare Ireland as a whole was previously part of the United Kingdom and local residents were British subjects Although 26 of the 32 Irish counties gained independence in 1922 and Irish citizens no longer hold British nationality they continue to have favoured status when residing in the United Kingdom they are considered to have automatic and permanent permission to live in the UK and are eligible to vote in UK elections and stand for public office there Ireland is a member state of the European Union EU and all Irish nationals are EU citizens They enjoy free movement rights in EU and European Free Trade Association EFTA countries and may vote in elections to the European Parliament Contents 1 Terminology 2 History 2 1 Pre independence context 2 2 Partition and lingering imperial ties 2 2 1 Delayed citizenship legislation 2 2 2 Conflicting definition for Irish national 2 2 3 Common code noncompliance 2 3 Changing relationship with Britain and the Commonwealth 2 4 Subsequent reforms as a republic 2 4 1 European integration 2 4 2 Citizenship by investment 2 5 Restrictions to birthright citizenship 3 Acquisition and loss of citizenship 3 1 Entitlement by birth descent or adoption 3 2 Naturalisation 3 3 Loss and resumption 4 Honorary citizenship 5 See also 6 References 6 1 Citations 6 2 General sources 6 2 1 Publications 6 2 2 Parliamentary debates 7 External linksTerminology EditThe distinction between the meaning of the terms citizenship and nationality is not always clear in the English language and differs by country Generally nationality refers to a person s legal belonging to a sovereign state and is the common term used in international treaties when addressing members of a country while citizenship usually means the set of rights and duties a person has in that nation This distinction is clearly defined in non English speaking countries but not in the Anglosphere 8 In the immediate period following Irish independence in 1922 Irish citizenship was a domestic status that existed as a subcategory within a wider British nationality British subject status applicable to all citizens of the British Empire and Commonwealth of Nations 9 Despite Irish attempts to assert a separate nationality in the 1930s 10 this separation was not acknowledged by Britain until 1949 11 In the modern Irish context there is little distinction between the two terms and they are used interchangeably 12 History EditSee also British nationality law and the Republic of Ireland Pre independence context Edit See also British subject Lordship of Ireland Kingdom of Ireland and History of Ireland 1801 1923 Since the Anglo Norman invasion of Ireland in the late 12th century England has been politically and militarily involved on the island 13 English control was tenuous until the Tudor conquest in the 16th century during which the entire island was assimilated into the Kingdom of Ireland 14 After passage of the Acts of Union 1800 Ireland was merged with the Kingdom of Great Britain to form the United Kingdom of Great Britain and Ireland 15 Accordingly British nationality law applied in Ireland 16 Any person born in Ireland as a constituent part of the United Kingdom or anywhere else within Crown dominions was a natural born British subject 17 British nationality law during this time was uncodified and did not have a standard set of regulations 18 relying instead on past precedent and common law 19 Until the mid 19th century it was unclear whether rules for naturalisation in the United Kingdom were applicable elsewhere in the Empire Colonies had wide discretion in developing their own procedures and requirements for naturalisation up to that point 20 In 1847 the British Parliament formalised a clear distinction between subjects who naturalised in the UK and those who did so in other territories Individuals who naturalised in the UK were deemed to have received the status by imperial naturalisation which was valid throughout the Empire Those naturalising in colonies were said to have gone through local naturalisation and were given subject status valid only within the relevant territory 21 a subject who locally naturalised in Canada was a British subject there but not in England or New Zealand When travelling outside of the Empire British subjects who were locally naturalised in a colony were still entitled to imperial protection 22 The British Parliament brought regulations for British subject status into codified statute law for the first time with passage of the British Nationality and Status of Aliens Act 1914 British subject status was standardised as a common nationality across the Empire Dominions that adopted Part II of this Act as part of local legislation were authorised to grant subject status to aliens by imperial naturalisation 23 24 Partition and lingering imperial ties Edit See also Irish Free State and Anglo Irish Treaty Request page of an Irish Free State passport issued in 1927 Resistance to the Union and desire for local self governance led to the Irish War of Independence Following the war the island of Ireland was partitioned into two parts Southern Ireland became the Irish Free State in 1922 while Northern Ireland remains part of the United Kingdom 25 When the Constitution of the Irish Free State came into force on 6 December 1922 any individual domiciled in Ireland automatically became an Irish citizen if they were born in Ireland born to at least one parent who was born in Ireland or living in Ireland for at least seven years prior to independence Any person who already held citizenship of another country could choose not to accept Irish citizenship 26 Under the terms of the Anglo Irish Treaty Northern Ireland was included in the Irish Free State on independence but had the right to opt out of the new state within one month of its establishment This option was exercised on 7 December 1922 The 24 hour period in which Northern Ireland was officially part of the Irish Free State meant that every person ordinarily resident in Northern Ireland on 6 December who fulfilled the citizenship provisions in the Constitution had automatically become an Irish citizen on that date 27 At its inception the Irish Free State gained independence as a Dominion within the British Empire 28 Imperial legislation at the time dictated that although individual Dominions could define a citizenship for their own citizens that citizenship would only be effective within the local Dominion s borders A Canadian New Zealand or Irish citizen who traveled outside of their own country would have been regarded as a British subject This was reinforced by Article 3 of the 1922 Constitution which stated that Irish citizenship could be exercised within the limits of the jurisdiction of the Irish Free State 9 When Free State authorities were first preparing to issue Irish passports in 1923 the British government insisted on the inclusion of some type of wording that described the holders of these passports as British subjects The two sides could not reach agreement on this issue and when the Irish government began issuing passports in 1924 British authorities refused to accept these documents British consular staff were instructed to confiscate any Irish passports that did not include the term British subject and replace them with British passports This situation continued until 1930 when Irish passports were amended to describe its holders as one of His Majesty s subjects of the Irish Free State 29 Despite these disagreements the two governments agreed not to establish border controls between their jurisdictions and all Irish citizens and British subjects continued to have the ability to move freely within the Common Travel Area 30 Delayed citizenship legislation Edit Although the Constitution provided a definition for who acquired citizenship at the time of independence it contained no detail on how to acquire it after 1922 This created a number of anomalous situations including the inability to naturalise foreigners resident in Ireland and foreign spouses of Irish citizens being unable to acquire citizenship 31 By the end of the First World War the other Dominions had exercised increasing levels of autonomy in managing their own affairs and each by then had developed a distinct national identity Britain formally recognised this at the 1926 Imperial Conference jointly issuing the Balfour Declaration with all the Dominion heads of government which stated that the United Kingdom and Dominions were autonomous and equal to each other within the British Commonwealth of Nations Full legislative independence was granted to the Dominions with passage of the Statute of Westminster 1931 32 Legislation clarifying citizenship acquisition was delayed due to the government s desire to negotiate an exception in British subject status with the rest of the Commonwealth Ultimately no compromise on the issue was reached but Ireland did not pass its own nationality legislation until after passage of the Statute of Westminster 1931 The Irish Nationality and Citizenship Act enacted by the Oireachtas in 1935 provided a full framework detailing requirements for obtaining citizenship Under the 1935 Act any individual born in the Irish Free State on or after 6 December 1922 or overseas to an Irish father who himself was born in the state was a natural born citizen Children born abroad to an Irish father who himself was not born within the Free State were required to have had their birth registered within two years Northern Ireland was treated as outside of the Free State for the purposes of this Act 33 Any person born in Ireland before 6 December 1922 who did not automatically acquire citizenship under the Constitution due to their residence abroad on that date could acquire citizenship by becoming domiciled in the Free State along with their children Irish born individuals continuing to live overseas became eligible to acquire Irish citizenship by registration provided that they had not voluntarily naturalised as citizens of another country Foreign nationals who resided in the Free State for at least five years could apply for naturalisation 34 Irish citizens older than age 21 who acquired foreign citizenship automatically lost Irish citizenship and any Irish child who was registered in the Foreign Births Register was required after reaching age 21 to make a declaration of their intention to retain Irish citizenship and stating that they had renounced all other nationalities 35 Conflicting definition for Irish national Edit During the period before passage of the 1935 Act the government enacted several pieces of legislation that restricted certain types of economic activity to Irish nationals Under the Control of Manufactures Act 1932 Irish companies were required to be majority owned by Irish nationals Because legislation was not yet enacted that defined who was a national this Act provided a separate definition an Irish national was someone born within the borders of the Free State or had been domiciled there for at least five years before 1932 This definition continued to be used even after the 1935 Act was enacted Significant portions of the Northern Irish population became treated as foreigners in commerce as a consequence of these provisions 36 This statutory definition differed based on the type of business that a particular Act was regulating For agriculture and banking a person born overseas must have been resident in the Free State for at least five years before 1933 to qualify as an Irish national However when determining the amount of stamp duty to be levied on property transactions an Irish national was someone who had lived in the state for three years before 1947 37 This discrepancy between Irish national and Irish citizen was not resolved until legislative reform in 1956 38 Common code noncompliance Edit Standard regulations in Commonwealth countries at the time strictly complied with the doctrine of coverture where a woman s consent to marry a foreigner was also assumed to be intent to denaturalise 39 Women s rights groups throughout the Empire pressured the imperial government to amend nationality regulations that tied a married woman s status to that of her husband 40 Because the British government could no longer enforce legislative supremacy over the Dominions after 1931 and wanted to maintain a strong constitutional link to them through the common nationality code it was unwilling to make major changes without unanimous agreement among the Dominions on this issue which it did not have 41 The 1935 Irish legislation stated that marriage between an Irish citizen and foreign spouse did not affect the national status of either spouse eroding imperial legal uniformity in this regard New Zealand and Australia also amended their laws in 1935 and 1936 to allow women denaturalised by marriage to retain their rights as British subjects 42 Moreover the 1935 Act further deviated from the common code by creating an Irish nationality distinct from British nationality and explicitly repeals all related British enacted legislation Despite this separation British subjects from the United Kingdom and other Commonwealth countries remained defined as non foreign in Irish law and those resident in Ireland continued to be treated almost identically to Irish citizens 10 Irish citizens have not been considered British subjects under Irish law since passage of this Act 43 Regardless the British government continued to treat virtually all Irish citizens as British subjects except for those who had acquired Irish citizenship by naturalisation since the Free State had not incorporated Part II of the British Nationality and Status of Aliens Act 1914 into its legislation The Irish government rejected adopting this provision to avoid the appearance that the Free State was acknowledging in any way that Britain could legislate for Ireland and due to overwhelmingly negative public opinion of the post independence populace 44 Although residents of Northern Ireland were disadvantaged in acquiring citizenship and conducting commerce under Irish law the territory remained defined as an integral part of the state in the revised 1937 Constitution of Ireland 38 Changing relationship with Britain and the Commonwealth Edit Diverging developments in Dominion legislation as well as growing assertions of local national identity separate from that of Britain and the Empire culminated with the creation of a substantive Canadian citizenship in 1946 breaking the system of a common imperial nationality Combined with the approaching independence of India and Pakistan in 1947 comprehensive reform to British nationality law was necessary at this point to address ideas that were incompatible with the previous system 45 The British Nationality Act 1948 abolished the common code and each Commonwealth country would enact legislation to create its own nationality British subject was redefined to mean any citizen of a Commonwealth country Commonwealth citizen is defined in the Act to have the same meaning British subject Commonwealth citizen status co existed with the citizenships of each Commonwealth country 46 Ireland formally declared itself a republic and removed the British monarch s remaining official functions in the Irish state in 1948 consequently ceasing to be a member of the Commonwealth after passage of the Ireland Act 1949 in the British Parliament 11 Although Irish citizens have no longer been defined as British subjects since 1949 they continue to be treated as non foreign in the United Kingdom and retain the same rights and privileges exercised by Commonwealth citizens 47 46 Irish citizens remain eligible to vote and stand for parliament in the UK 48 Commonwealth citizens initially continued to hold free movement rights in both the UK and Ireland after 1949 British authorities systemically discouraged non white immigration into the UK but strong economic conditions in Britain following the Second World War attracted an unprecedented wave of colonial migration 49 In response the British Parliament imposed immigration controls on any Commonwealth citizens originating from outside the British Islands with the Commonwealth Immigrants Act 1962 50 Ireland mirrored this restriction and limited free movement only to people born on the islands of Great Britain or Ireland However individuals born in the UK since 1983 are only British citizens if at least one parent is already a British citizen The Irish regulation created a legal anomaly where persons born in Britain without British citizenship nevertheless held an unrestricted right to settle in Ireland this inconsistency was removed in 1999 51 Subsequent reforms as a republic Edit The 1956 Irish Nationality and Citizenship Act which replaced the earlier 1935 Act expanded the available pathways to citizenship and allowed more situations to retain it Restrictions on holding multiple nationalities were repealed and any Irish citizen who acquired another nationality no longer automatically lost their Irish citizenship Individuals could instead voluntarily choose to renounce their Irish citizenship and any person born in Northern Ireland who did not otherwise acquire Irish citizenship by descent could claim citizenship by making a formal declaration Foreign wives of male Irish citizens could register as citizens with no further requirements 52 and citizenship became transferable by descent through mothers as well as fathers Although children born overseas to foreign born Irish citizens were still required to be registered in the Foreign Births Register to claim citizenship registration was no longer subject to a time limit 53 Registered individuals were deemed to have been Irish citizens backdated to their date of birth allowing their children born at any time to acquire citizenship as well 54 Foreign husbands of Irish citizens became eligible for citizenship by marriage with an amendment in 1986 but a three year waiting period was introduced for applicants of either sex before eligible individuals could apply and couples were required to be living together in the same residence 55 Registration in the Foreign Births Register no longer makes citizenship effective from an applicant s date of birth but from the date of registration instead 54 The 1986 amendment provided for a six month transition period ending on 31 December 1986 when registration continued to be backdated triggering a rush among affected individuals to register before the new rules took effect The sudden large volume of applications became impossible to process before the end of the year resulting in some individuals losing their entitlement to citizenship from birth A further amendment in 1994 allowed those who had applied during the transition period but did not have their applications processed in time to re register under the 1956 Act 56 Since 2004 spouses of Irish citizens no longer have a facilitated path to acquiring citizenship 57 European integration Edit See also European Union citizenship In 1973 Ireland joined the European Communities EC a set of organisations that later developed into the European Union EU 58 Irish citizens have since been able to work in other EC EU countries under the freedom of movement for workers established by the 1957 Treaty of Rome 59 and participated in their first European Parliament elections in 1979 60 With the creation of European Union citizenship by the 1992 Maastricht Treaty free movement rights were extended to all nationals of EU member states regardless of their employment status 61 The scope of these rights was further expanded with the establishment of the European Economic Area in 1994 to include any national of an EFTA member state except for Switzerland 62 which concluded a separate free movement agreement with the EU that came into force in 2002 63 Following the United Kingdom s 2016 referendum in favour of leaving the EU Irish citizenship applications from Britain excluding Northern Ireland increased substantially While only 54 people from Britain naturalised as Irish citizens in 2015 before the referendum this number had grown to 1 156 by 2021 64 Despite the UK s withdrawal from the EU on 31 January 2020 Irish citizens continue to have free movement in the UK and Crown dependencies 65 Citizenship by investment Edit See also Immigrant investor programs In 1988 a citizenship by investment pathway was created to attract foreign investment into the country as a way to help lower the high unemployment rate A foreigner could acquire Irish citizenship through this programme after investing IR 1 million in a business with the goal of creating or maintaining 10 jobs for at least five years Investors were required to maintain an Irish address or live in the country for at least 60 days before receiving an Irish passport 66 Under the 1956 Act the Minister for Justice has absolute discretionary power to waive any requirements for citizenship The citizenship by investment programme was operated under this authority and was not publicly advertised About 100 people were able to acquire Irish citizenship through this pathway before its end in 1998 A significant number of applicants who acquired Irish passports in this way never lived or even entered the country and their commitments to boosting Irish employment were not fulfilled 67 Restrictions to birthright citizenship Edit Negotiations for the Northern Ireland peace process began between the British and Irish governments in 1991 and resulted in the 1998 Good Friday Agreement 68 Under these accords Northern Irish residents were acknowledged as having the right to hold either or both British and Irish citizenships and any person born on the island of Ireland had a right to hold Irish citizenship Both of these changes became constitutional entitlements when the Nineteenth Amendment of the Constitution of Ireland was adopted in 1999 69 Although Ireland had long granted birthright citizenship to any person born on the island prior to this amendment as a part of statute law increasing levels of immigration into the country soon affected the degree to which that entitlement would be given 70 In the 1990 Supreme Court case Fajujonu v Minister for Justice it was ruled that noncitizen parents of Irish born children were entitled to remain in Ireland through their children s rights of residence The application of this ruling was extremely permissive in the immediate subsequent period any non Irish parent of a child born in Ireland was permitted to remain The scope of this entitlement was reduced in a 2003 Supreme Court ruling which determined that the Minister for Justice could examine the circumstances by which a noncitizen parent was claiming a right to remain and held discretionary power to deport any such persons found to be acting contrary to national interest For Irish born children with one Irish citizen parent the noncitizen parent continued to be granted a right to remain without any such qualifications 71 About 10 600 people were able to claim Irish residence through their Irish born children 72 However the scope of noncitizen parental residence rights in the EU was expanded in the 2004 European Court of Justice case Chen v Home Secretary in which Man Lavette Chen a Chinese woman who had traveled to Northern Ireland to give birth to her Irish citizen daughter then subsequently relocated to Wales with the intention of permanently living in the UK was ruled to have a right of residence in the EU as the primary caregiver of an EU citizen exercising free movement rights in another member state 73 In response to the perceived abuse of citizenship the Irish government proposed a constitutional amendment limiting birthright citizenship only to people with a sufficient existing connection to Ireland The Irish and British governments issued a joint statement clarifying that the intent of the Good Friday Agreement was not to grant citizenship to persons unconnected to the country and that the proposed changes would not violate the existing agreement on Northern Ireland 74 Following a 2004 referendum the Twenty seventh Amendment of the Constitution of Ireland was enacted that made the entitlement to birthright citizenship for people without Irish parents dependent on legislation rather than the Constitution That entitlement was then revoked by the Irish Nationality and Citizenship Act 2004 Children born in Ireland beginning in 2005 are only granted citizenship by birth if at least one parent is an Irish citizen or entitled to be one a British citizen a resident with no time limit of stay in either the Republic or Northern Ireland or a resident who has been domiciled on the island of Ireland for at least three of the preceding four years 75 Acquisition and loss of citizenship EditEntitlement by birth descent or adoption Edit All persons born in the Republic of Ireland before 1 January 2005 automatically received citizenship at birth regardless of the nationalities of their parents 76 Individuals born anywhere on the island of Ireland from that year on receive Irish citizenship at birth if they are not entitled to any other country s citizenship Otherwise they are entitled to but not automatically granted citizenship if at least one parent is an Irish citizen or holds an entitlement to Irish citizenship a British citizen a resident with no time limit of stay in either the Republic or Northern Ireland or a resident who has been domiciled on the island of Ireland for at least three of the preceding four years 77 Any person entitled to Irish citizenship who performs an act that only an Irish citizen has a right to do such as applying for an Irish passport or registering to vote in national elections automatically becomes a citizen 57 Individuals born in Northern Ireland from 6 December 1922 to 1 December 1999 who did not have an Irish citizen parent were entitled to become Irish citizens by declaration Any person born in that territory from 2 December 1999 to 31 December 2004 is entitled to Irish citizenship regardless of the statuses of their parents 78 this includes children born in Ireland between these dates to foreign government officials with diplomatic immunity who are eligible to claim citizenship by special declaration 79 Children born overseas are Irish citizens by descent if either parent was born in Ireland and is either an Irish citizen or entitled to be one while those born to an Irish parent who was also born overseas are only entitled to Irish citizenship if their birth is registered at an Irish diplomatic mission or the parent was resident abroad while in public service Irish citizenship can be continually transmitted through each generation born abroad provided that each subsequent generational birth is registered in the Foreign Births Register 80 About 1 47 million Irish citizens live outside of the Republic although this number does not include those resident in Northern Ireland or Britain 81 Adopted children are automatically granted Irish citizenship if the adoption is completed in Ireland parents adopting children overseas must register an adoption with Irish authorities for the process to take effect in Irish law and are required to apply for immigration clearance before any adopted children may enter the country as citizens 79 Abandoned children found in Ireland with unclear parentage are considered to have been born on the island to at least one Irish parent 82 Naturalisation Edit Minister for Justice Alan Shatter Waterford mayor John Cummins and former High Court judge Bryan MacMahon with a new citizen at a 2014 citizenship ceremony Foreigners over the age of 18 as well as minors born in Ireland may naturalise as Irish citizens after residing in the country for at least five of the previous nine years with one year of continuous residence immediately preceding an application For applicants married to or in civil partnership with Irish citizens the residence requirement is reduced to three of the last five years Candidates must satisfy a good character requirement and intend to remain domiciled in Ireland after naturalising Individuals under investigation by local police are routinely denied naturalisation Successful applicants are required to take an oath of citizenship at a public citizenship ceremony The Minister for Justice has discretionary power to waive any or all citizenship requirements for applicants of Irish descent or association minor children of naturalised citizens individuals in public service stationed overseas or recognised refugees and stateless persons 83 Loss and resumption Edit Irish citizenship can be relinquished by making a declaration of renunciation provided that the declarant ordinarily resides overseas and already possesses or is in the process of obtaining another nationality Renunciations cannot be made during wartime unless exceptionally approved by the Minister for Justice 84 Former citizens who were born on the island of Ireland may subsequently apply to reacquire citizenship Previously naturalised individuals or those who had acquired citizenship by descent do not have a direct path to citizenship restoration and must complete the naturalisation process to regain Irish citizenship 85 Citizenship may be involuntarily removed from naturalised persons who fraudulently acquired the status 84 willfully perform an overt act that constitutes a breach of loyalty to the state holds citizenship of a country at war with the Republic or has voluntarily acquired another citizenship by any method except through marriage or civil partnership Naturalised persons other than those of Irish descent or employed in the civil service who reside outside of the Republic for a continuous period of seven years without annually registering their intention to retain Irish citizenship may be stripped of their citizenship Individuals who obtained citizenship through their marriage or civil partnership to an Irish citizen before 2005 and who reside outside of the island of Ireland may also have their status removed This provision for citizenship loss is not enforced in practice 86 Honorary citizenship EditOn advice from the government the President of Ireland has authority to grant honorary Irish citizenship to any person deemed to have rendered an extraordinary service to the nation Despite being labeled honorary this type of citizenship is a substantive status and gives its holders all the rights and privileges that other Irish citizens have Honorary Irish citizenship has only been awarded to 11 people 87 Alfred Chester Beatty 1957 Tiede Herrema and his wife Elizabeth 1975 Tip O Neill and his wife Mildred 1986 Alfred Beit and his wife Clementine 1993 Jack Charlton and his wife Pat 1996 Jean Kennedy Smith 1998 Derek Hill 1999 Taoiseach Sean Lemass intended to award United States president John F Kennedy honorary citizenship during his state visit to Ireland in 1963 but this was declined due to restrictions in U S law that made it difficult for the head of state to accept a foreign honour 88 Although the Irish government was prepared to enact special legislation to grant a purely honorary title to President Kennedy rather than the substantial status the U S Office of Legal Counsel determined that his acceptance of a personal honour of any kind without the express approval of the United States Congress would have been in violation of the Foreign Emoluments Clause of the United States Constitution 89 See also EditVisa policy of Ireland Visa requirements for Irish citizensReferences EditCitations Edit Irish Nationality and Citizenship Bill 1955 From the Seanad a b Irish Nationality and Citizenship Bill 1955 Report and Final Stages Seanad Immigration International Protection and Citizenship Services Department of Justice Archived from the original on 14 March 2022 Retrieved 16 July 2022 a b Irish Nationality and Citizenship Bill 1955 First Stage Irish Nationality and Citizenship Bill 1955 Second Stage Dail Irish Nationality and Citizenship Bill 1955 Report and Final Stages Dail Irish Nationality and Citizenship Bill 1955 Second Stage Seanad Kondo 2001 pp 2 3 a b Daly 2001 pp 378 379 a b Daly 2001 p 386 a b Mansergh 1952 pp 277 278 Guillaumond 2016 p 4 Veach 2019 p 40 Doyle 2018 pp 214 215 Kelly 1987 p 236 Handoll 2012 p 2 Karatani 2003 pp 41 42 Gosewinkel 2008 p 13 Karatani 2003 p 41 Karatani 2003 pp 55 56 Historical background information on nationality p 8 Karatani 2003 p 56 Baldwin 2001 pp 527 528 Historical background information on nationality p 10 Lloyd 1998 pp 515 516 Daly 2001 pp 377 378 Daly 2001 p 391 Lowry 2008 p 205 Daly 2001 pp 380 381 Ryan 2001 pp 859 860 Daly 2001 pp 382 383 Karatani 2003 pp 86 88 Daly 2001 pp 382 386 391 Daly 2001 pp 386 387 Daly 2001 p 397 Daly 2001 pp 392 393 What is an Irish National Irish Jurist p 38 a b Daly 2001 p 392 Baldwin 2001 p 526 Baldwin 2001 p 522 Baldwin 2001 pp 546 549 Baldwin 2001 p 552 Heuston 1950 p 85 Daly 2001 pp 382 387 Karatani 2003 pp 114 115 122 126 a b Daly 2001 p 388 Mansergh 1952 p 282 Ryan 2001 p 861 Hansen 1999 pp 90 94 95 Evans 1972 p 508 Ryan 2001 p 862 Handoll 2012 pp 4 5 Daly 2001 p 401 a b Daly 2001 p 406 Handoll 2012 p 5 Handoll 2006 pp 299 300 a b Handoll 2012 p 7 Nugent 2017 pp 27 28 Siskind 1992 pp 899 906 Lewis Flora 20 May 1979 Europe Gets Set to Vote It s Not Sure About What The New York Times Archived from the original on 8 April 2022 Retrieved 8 April 2022 Wiener 1997 pp 529 544 Tobler 2020 pp 482 483 Vahl amp Grolimund 2006 p 12 Hutton Brian 27 June 2022 Applications from Britons for Irish citizenship soar by almost 1 200 since Brexit The Irish Times Archived from the original on 12 July 2022 Retrieved 11 July 2022 Common Travel Area guidance gov uk United Kingdom Home Office Archived from the original on 17 January 2022 Retrieved 11 July 2022 Piola 2006 p 52 Piola 2006 pp 52 53 Good Friday Agreement timeline of key events Belfast Telegraph 10 April 2018 Archived from the original on 9 July 2021 Retrieved 14 July 2022 Handoll 2012 p 6 Handoll 2012 p 1 Handoll 2012 pp 8 9 Melia Paul 15 August 2005 10 000 non Irish parents permitted to remain Irish Independent Archived from the original on 16 July 2022 Retrieved 15 July 2022 King 2019 pp 358 361 Handoll 2012 p 9 Handoll 2012 pp 9 12 Handoll 2012 pp 3 4 6 10 Handoll 2012 pp 11 12 Handoll 2012 pp 4 6 a b Irish citizenship through birth or descent Department of Social Protection Archived from the original on 23 April 2022 Retrieved 2 June 2022 Handoll 2012 p 10 Irish Abroad Unit 20 June 2017 Irish Emigration Patterns and Citizens Abroad PDF Report Department of Foreign Affairs Archived PDF from the original on 11 December 2018 Retrieved 19 September 2022 Handoll 2012 pp 10 11 Handoll 2012 pp 12 13 a b Handoll 2012 p 14 Renounce or reacquire Irish Citizenship Department of Justice Archived from the original on 2 June 2022 Retrieved 2 June 2022 Handoll 2012 p 15 Michael McDowell Minister for Justice Equality and Law Reform Irish Nationality and Citizenship Bill 2004 Report Stage Resumed Sheehy Clodagh 29 December 2006 JFK had to turn down citizenship offer from government Irish Independent Archived from the original on 29 March 2022 Retrieved 15 July 2022 Forrester 2013 pp 278 284 General sources Edit Publications Edit Baldwin M Page October 2001 Subject to Empire Married Women and the British Nationality and Status of Aliens Act Journal of British Studies Cambridge University Press 40 4 522 556 doi 10 1086 386266 JSTOR 3070746 PMID 18161209 S2CID 5762190 Daly Mary E 2001 Irish Nationality and Citizenship since 1922 Irish Historical Studies Cambridge University Press 32 127 377 407 doi 10 1017 S0021121400015078 JSTOR 30007221 S2CID 159806730 Doyle Mark ed 2018 The British Empire A Historical Encyclopedia Vol 2 ABC Clio ISBN 978 1 4408 4197 2 Evans J M 1972 Immigration Act 1971 The Modern Law Review Wiley 35 5 508 524 doi 10 1111 j 1468 2230 1972 tb02363 x JSTOR 1094478 Forrester Nathan A ed 2013 Supplemental Opinions of the Office of Legal Counsel Report Vol 1 United States Department of Justice Archived from the original on 26 January 2023 Retrieved 25 February 2023 Gosewinkel Dieter 15 April 2008 Nation and Citizenship from the Late Nineteenth Century Onwards A Comparative European Perspective PDF Report European Parliament Archived PDF from the original on 27 May 2019 Retrieved 7 August 2021 Guillaumond Julien 2016 Who is Irish Today Citizenship and Nationality Issues in 21st Century Ireland Revue Francaise de Civilisation Britannique University of Rouen Normandy XXI 1 1 18 doi 10 4000 rfcb 882 Handoll John October 2012 Country report Ireland Report European University Institute hdl 1814 19618 Handoll John 2006 Ireland In Waldrauch Harald Baubock Rainer Ersboll Eva Groenendijk Kees eds Acquisition and Loss of Nationality Volume 2 Country Analyses Policies and Trends in 15 European Countries Amsterdam University Press pp 289 328 ISBN 978 90 5356 9214 JSTOR j ctt46n00f 12 Hansen Randall 1999 The Politics of Citizenship in 1940s Britain The British Nationality Act Twentieth Century British History Oxford University Press 10 1 67 95 doi 10 1093 tcbh 10 1 67 Heuston R F V 1950 British Nationality and Irish Citizenship International Affairs Oxford University Press 26 1 77 90 doi 10 2307 3016841 JSTOR 3016841 Historical background information on nationality PDF Report 1 0 United Kingdom Home Office 21 July 2017 Archived PDF from the original on 29 December 2018 Retrieved 3 April 2019 Karatani Rieko 2003 Defining British Citizenship Empire Commonwealth and Modern Britain Frank Cass Publishers ISBN 0 7146 8298 5 Kelly James 1987 The Origins of the Act of Union An Examination of Unionist Opinion in Britain and Ireland 1650 1800 Irish Historical Studies Cambridge University Press 25 99 236 263 doi 10 1017 S0021121400026614 JSTOR 30008541 S2CID 159653339 King David H 2019 Zhu and Chen Revisited An Update on the ECJ s Jurisprudence on the Derivative Rights of Third party Nationals Loyola of Los Angeles International and Comparative Law Review Loyola Marymount University 42 3 357 369 Archived from the original on 2 March 2021 Retrieved 15 July 2022 Kondo Atushi ed 2001 Citizenship in a Global World Palgrave Macmillan doi 10 1057 9780333993880 ISBN 978 0 333 80266 3 Lloyd Trevor 1998 Partition within Partition The Irish Example International Journal SAGE Publishing 53 3 505 521 doi 10 2307 40203326 JSTOR 40203326 Lowry Donal 2008 The captive dominion imperial realities behind Irish diplomacy 1922 49 Irish Historical Studies Cambridge University Press 36 142 202 226 doi 10 1017 S0021121400007045 JSTOR 20720274 S2CID 159910307 Mansergh Nicholas 1952 Ireland The Republic Outside the Commonwealth International Affairs Oxford University Press 28 3 277 291 doi 10 2307 2607413 JSTOR 2607413 Nugent Neill 2017 The Government and Politics of the European Union 8th ed Macmillan Publishers ISBN 978 1 137 45409 6 Piola Catherine 2006 The Reform of Irish Citizenship Nordic Irish Studies Dalarna University College 5 41 58 JSTOR 30001542 Ryan Bernard 2001 The Common Travel Area between Britain and Ireland PDF The Modern Law Review Wiley 64 6 855 874 doi 10 1111 1468 2230 00356 JSTOR 1097196 Siskind Gregory 1992 Freedom of Movement for Lawyers in the New Europe The International Lawyer American Bar Association 26 4 899 931 JSTOR 40707010 Tobler Christa 2020 Free Movement of Persons in the EU v in the EEA of Effect Related Homogeneity and a Reversed Polydor Principle In Cambien Nathan Kochenov Dimitry Muir Elise eds European Citizenship under Stress Social Justice Brexit and Other Challenges Brill pp 482 507 ISBN 978 90 04 42245 2 JSTOR 10 1163 j ctv2gjwnvm 25 Vahl Marius Grolimund Nina 2006 Integration Without Membership Switzerland s Bilateral Agreements with the European Union PDF Centre for European Policy Studies ISBN 92 9079 616 2 Archived PDF from the original on 18 May 2022 Retrieved 25 February 2023 Veach Colin 2019 Ireland in the Angevin Empire History Ireland Wordwell Books 27 3 40 43 JSTOR 26853051 What is an Irish National Irish Jurist University College Dublin 18 3 36 38 1952 JSTOR 44506434 Wiener Antje August 1997 Making Sense of the New Geography of Citizenship Fragmented Citizenship in the European Union Theory and Society Springer 26 4 529 560 doi 10 1023 A 1006809913519 JSTOR 657860 S2CID 189868416 Parliamentary debates Edit Irish Nationality and Citizenship Bill 1955 First Stage Dail Eireann debates Ireland Dail Eireann 13 July 1955 Retrieved 17 September 2022 Archived 3 November 2019 at the Wayback Machine Irish Nationality and Citizenship Bill 1955 Second Stage Dail Eireann debates Ireland Dail Eireann 29 February 1956 Retrieved 17 September 2022 Archived 3 February 2022 at the Wayback Machine Irish Nationality and Citizenship Bill 1955 Second Stage Seanad Eireann debates Ireland Seanad Eireann 16 May 1956 Retrieved 17 September 2022 Archived 15 May 2018 at the Wayback Machine Irish Nationality and Citizenship Bill 1955 Report and Final Stages Dail Eireann debates Ireland Dail Eireann 10 April 1956 Retrieved 17 September 2022 Archived 3 November 2019 at the Wayback Machine Irish Nationality and Citizenship Bill 1955 Report and Final Stages Seanad Eireann debates Ireland Seanad Eireann 5 July 1956 Retrieved 17 September 2022 Archived 28 January 2021 at the Wayback Machine Irish Nationality and Citizenship Bill 1955 From the Seanad Dail Eireann debates Ireland Dail Eireann 11 July 1956 Retrieved 17 September 2022 Archived 3 November 2019 at the Wayback Machine Irish Nationality and Citizenship Bill 2004 Report Stage Resumed Dail Eireann debates Ireland Dail Eireann 30 November 2004 Retrieved 15 July 2022 Archived 14 July 2021 at the Wayback MachineExternal links EditIrish Immigration Service Portals Ireland European Union Retrieved from https en wikipedia org w index php title Irish nationality law amp oldid 1153150625, wikipedia, wiki, book, books, library,

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