Author
Section 16(1)(g) of the Irish Nationality and Citizenship Act 1956 gives the Minister the power to dispense with certain conditions of naturalisation in certain cases, including if an applicant has refugee status or is stateless. It should be noted that the issuing of a certification of naturalisation is at the discretion of the Minister for Justice and Equality in Ireland. There are different criteria in place for non-EEA nationals and refugees.
People with refugee status can apply for naturalisation after three years’ residence in the State from the date they arrived in the country, not from the date when they were granted refugee status. For other non-EEA nationals (including beneficiaries of subsidiary protection), the residence required is five years. To apply for citizenship a form entitled ‘Form 8’ must be completed by the person concerned and submitted to ISD. This amended form was introduced in September 2016 and now applicants must submit their original national passport with their application for naturalisation.[1] It must include accompanying evidence of the applicant’s residence in Ireland and a copy of the declaration of refugee status. Whereby an applicant is not in possession of their national passport, they may instead submit a travel document.
In respect of minor children, naturalisation does not automatically extend to the child of an adult who has been granted naturalisation. A child cannot make an application by themselves. The application must be made by the child’s parent or legal guardian. A minor child’s application may be submitted whereby they have accumulated the reckonable residence and one of their parents have already been naturalised.[2]
There are no fees for refugees, stateless persons or programme refugees to apply for naturalisation except for the €175 application fee. Once the application is granted the certification of naturalisation is free for refugees. For other adults (including beneficiaries of subsidiary protection) the cost for issuing a certificate of naturalisation is €950.
As of November 2021, there were 22,721 applications for citizenship on hand and the average processing time for applications was 23 months.[3] There were approximately 11,000 grants of citizenship throughout 2021.[4] As of February 2023, there were approximately 26,000 applications on hand at the Citizenship Unit at various stages of processing. The median processing time for applications was 19 months.[5] As of October 2023, there had been 12,500 grants of naturalisation. The median processing time for applications remained at 19 months.[6] Almost 31,000 applications for citizenship were processed in 2024 and the median processing time was reduced to 8 months.[7] An exact breakdown of the number of individuals with refugee and subsidiary protection status who became naturalised was not available at the time of updating.
According to research published by the European Migration Network in August 2020, Ireland has more favourable conditions for acquiring citizenship by naturalisation than many other EU Member States. However, long processing delays and lack of clarity regarding eligibility conditions have been raised as issues of significant concern by NGOs and in parliamentary debate.[8] Moreover, the onset of the COVID-19 pandemic and associated restrictions have resulted in significant disruption to the delivery of services by the Citizenship Division of the Immigration Service Delivery.
Significant changes were introduced for applicants regarding the number of proofs required to establish identity and residency for the purposes of making a naturalisation application. From January 2022, the Department employed a scorecard approach in the assessment of identification and residence history. Applicants are now required to reach a score of 150 points in each of the years of proof of residency required according to their particular circumstances. This can be done by submitting proofs with a predetermined point value until the applicant reaches the required score of 150 for each year of residency claimed. Applicants must also accumulate a total of 150 points for establishing identity in order to meet the appropriate standard.[9] The introduction of the scorecard approach was broadly welcomed in providing further clarification for applicants on the required documentation when submitting their applications for citizenship.
Additionally, from January 2022, new applicants for citizenship are not required to submit their original passport with their initial application. Instead, applicants can now provide a full colour copy of each page of their passport and all previous passports containing stamps which contribute towards the period of reckonable residency claimed. The colour copy must be certified by a solicitor, commissioner for oaths or notary public and submitted along with the application form.[10]
In August 2023, the Courts and Civil Law (Miscellaneous) Provisions Act 2023 was enacted and established a range of amendments and updates in relation to Irish nationality and citizenship law. Children born in Ireland who do not have an automatic right to citizenship were previously required to reside in Ireland for a minimum of 5 years before applying for citizenship. Under the Act, this requirement has been reduced to 3 years, but the law stipulates that the minor must have a period of one year’s continuous residence in Ireland immediately prior to the date of their application and during the eight years immediately preceding that period, have had a total residence amounting to two years. [11] Additionally, all applicants for citizenship, including minors, are now permitted to be outside Ireland for a minimum of 5 years prior to applying for citizenship. This is an increase from the previous permissible 6 weeks.
Additionally, in October 2023, it was announced that citizenship application process had begun to operate digitally with a view to reducing processing times. The online application service allows applicants to complete the necessary supporting documentation and pay the application fee online.[12]
On 23rd July 2024, changes were made to the process for revocation of citizenship for naturalised citizens in accordance with the Court, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024. These amendments follow a 2021 Supreme Court decision, Damache v. Minister for Justice, in which it was concluded that the current revocation process was unconstitutional as it was not sufficiently independent and lacked appropriate safeguards for those who were subject to revocation.[13]
Previously, where an individual was informed of the Minister’s intention to revoke their certificate of naturalisation, they had a right to request a committee of inquiry to examine the decision. This committee reported the findings to the Minister, but the Minister was not obligated to accept the committee’s findings. On the basis that the Minister both proposed revocation and made the final decision regarding the revocation, the revocation process was found by the Supreme Court to be lacking an impartial and independent decision-maker.
Under the new procedure outlined in the Act, where the Minister decides to revoke citizenship (following a procedure of informing the individual and receiving representations), an individual may seek a review by a committee of inquiry and the decision-making process of this committee will operate independently of the Minister. The committee will be able to affirm or reject the decision of the Minister.[14]
[1] The application form is available: here.
[2] Information provided by Irish Refugee Council Information and Advocacy Service, January 2024.
[3] Minister for Justice Helen McEntee, Response to Parliamentary Question no 494, 14 December 2021, available: here.
[4] Minister for Justice Helen McEntee, Response to Parliamentary Question no 485, 30 November 2021.
[5] Minister for Justice and Equality Simon Harris, Response to Parliamentary Question No. 195, 1 February 2023, available: here.
[6] Minister for Justice and Equality, Response to Parliamentary Question No 424, 28 November 2023, available: here.
[7] Minister for Justice and Equality, Response to Parliamentary Question No. 1062, 22 January 2025, available: here.
[8] European Migration Network, Pathways to citizenship through naturalisation in Ireland, 7 December 2020, available: here.
[9] Department of Justice, Scorecard approach being introduced for Citizenship Applications from January 2022, 31 December 2021, available: here.
[10] Department of Justice, Further Guidance on new Passport Process for Citizenship from 1st January 2022, 31 January 2022, available: here.
[11] Courts and Civil Law (Miscellaneous) Provisions Act 2023.
[12] Minister for Justice and Equality, Response to Parliamentary Question No 424, 28 November 2023, available: here.
[13] Damache v. Minister for Justice [2021] IESC 6.
[14] Court, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024, s.3.