S.I. No. 1/2005 - Irish Nationality and Citizenship Regulations 2005


I, MICHAEL McDOWELL T.D., Minister for Justice Equality and Law Reform, in exercise of the powers conferred on me by sections 3, 6B (inserted by section 4 of the Irish Nationality and Citizenship Act 2004 (No. 38 of 2004)) and 28A (inserted by section 14 of the Irish Nationality and Citizenship Act 2004 (No. 38 of 2004)) of the Irish Nationality and Citizenship Act 1956 (No. 26 of 1956), hereby make the following regulations:

1. These Regulations may be cited as the Irish Nationality and Citizenship Regulations 2005.

2. (1) In these Regulations—

“Act of 1956” means the Irish Nationality and Citizenship Act 1956 (No. 26 of 1956);

“Act of 2004” means the Irish Nationality and Citizenship Act 2004 (No. 38 of 2004);

“certificate of nationality” means, in relation to a person, a document issued under the law of the country concerned certifying that the person is a national of that country.

(2)  In these Regulations—

(a)  a reference to the Schedule is a reference to the Schedule to these Regulations, and

(b)  a reference to any enactment shall be construed as a reference to that enactment as amended adapted or extended (whether before, on or after the making of these Regulations) by or under any subsequent enactment.

3. (1) A declaration under subsection (2) of section 6B (inserted by section 4 of the Act of 2004) of the Act of 1956 shall be in the form specified in Part 1 of the Schedule.

(2)  A declaration referred to in paragraph (1) shall be accompanied by—

(a)  the passport, national identity card, or certificate of nationality, and

(b)  such other documentation as may be required by the Minister for Foreign Affairs,

relating to the person making the declaration.

4. (1) A declaration under subsection (3)(a) of section 6B (inserted by section 4 of the Act of 2004) of the Act of 1956 shall be in the form specified in Part 2 of the Schedule.

(2) A declaration referred to in paragraph (1) shall be accompanied by—

(a)  the passport, national identity card, or certificate of nationality, and

(b)  such other documentation as may be required by the Minister for Foreign Affairs, as appropriate,

relating to the parent who is the subject of the declaration.

5. (1) A declaration under section 28A (inserted by section 14 of the Act of 2004) of the Act of 1956 in relation to an application under section 28 of the Act of 1956 in respect of a minor shall—

(a)  be in the form specified in Part 3 of the Schedule where it is being made by his or her parent, and

(b)  be in the form specified in Part 4 of the Schedule where it is being made by a person who is the guardian of, or in loco parentis to, him or her.

(2)  The following classes of document are prescribed for the purposes of subsection (2)(a) of section 28A of the Act of 1956 in respect of applications on behalf of minors under the said section 28:

(a)  the birth certificate of the minor in respect of whom the certificate of nationality is being sought,

(b)  in the case of an application made by a person who is the guardian of or in loco parentis to the minor documentation verifying that the person is the guardian of or in loco parentis to the minor,

(c)  documentation supporting the claim that the parent was resident in Northern Ireland for such period as is specified in the declaration under the said section 28A, including—

(i)   information or correspondence, in writing from a public body issued to the parent at his or her address in Northern Ireland confirming the payment of income tax or social insurance or relating to the assessment of income tax,

(ii)  information or correspondence from a public body issued to the parent confirming the provision of any other public service to him or her at his or her address in Northern Ireland,

(iii)  a driving licence issued to the parent at his or her address in Northern Ireland in a year in relation to which a claim of residence in Northern Ireland is being made,

(iv)  information or correspondence from a public body issued to the parent confirming the payment of social security benefits to him or her at his or her address in Northern Ireland and

(v)   information or correspondence relating to the payment by the parent of rent, mortgage repayments or like expenses in respect of his or her dwelling in Northern Ireland.

(3)  In this regulation—

“public body” means a body established by or under the law of Northern Ireland or that otherwise performs public functions under that law;

“public service” includes gas, electricity and water, whether provided by a public body or not.

6. A declaration under section 6B (inserted by section 4 of the Act of 2004) or 28A (inserted by section 14 of the Act of 2004) of the Act of 1956 shall—

(a)  be made, in the State, before one of the following persons:

(i)   a notary public,

(ii)  a commissioner for oaths,

(iii)  a peace commissioner,

(iv)  a minister of religion stating his or her denomination and address of place of worship to which he or she is assigned,

(v)   a member of Dáil Éireann or Seanad Éireann or a member of the European Parliament representing a constituency in the State,

(vi)  a member of a local authority within the meaning of the Local Government Act 2001 (No. 37 of 2001),

(vii) a barrister or solicitor,

(viii) a registered medical practitioner within the meaning of Medical Practitioners Acts 1978 to 2002, or

(ix)  a qualified teacher who is a member of the teaching staff of a primary or secondary school or a third level institution, or

(b) be made, outside the State, before one of the following persons:

(i)   a person to whom section 5 of the Diplomatic and Consular Officers (Provision of Services) Act 1993 (No. 33 of 1993) applies,

(ii)  a notary public,

(iii)  any person who is, under the law of the place concerned, authorised to attest to the swearing of an affidavit or a statement on oath howsoever described under the law of that place.

SCHEDULE

Part 1

FORM A

IRISH NATIONALITY AND CITIZENSHIP ACT 1956

Declaration, under section 6B(2) of the Irish Nationality and Citizenship Act 1956 , of residence in the island of Ireland, its islands and seas.

NOTES

(1)  This declaration is effective only in respect of periods of residence in Ireland by the parent of a child born on or after 1 January 2005 as a national of an EU Member State, a state (other than an EU Member State) that is a contracting party to the EEA Agreement or the Swiss Confederation where such residence occurred in the four year period immediately preceding the birth of the child.

(2)  This declaration should be accompanied by the passport, national identity card, or certificate of nationality, and such other documentation as may be required by the Minister for Foreign Affairs, as appropriate, relating to the person making the declaration.

(3)  This declaration is NOT required in connection with the entitlement to Irish citizenship of a child born before 1 January 2005 in the island of Ireland, its islands and seas.

(4)  This declaration is NOT required in connection with the entitlement to Irish citizenship of a child born on or after 1 January 2005 in the island of Ireland, its islands and seas, where that child had, at the time of his or her birth, a parent (or a deceased parent) who was:

(a)   an Irish citizen or entitled to be an Irish citizen;

(b)   entitled to reside in the State without any restriction on his or her period of residence (including in accordance with a permission granted under section 4 of the Immigration Act 2004 );

(c)   a British citizen; or

(d)   entitled under the immigration laws of the United Kingdom to reside in the United Kingdom (and thus Northern Ireland) without any restriction on his or her period of residence.

(5)  This declaration is NOT appropriate in relation to the citizenship entitlement of a child born on or after 1 January 2005 in the island of Ireland, its islands and seas, to parents one of whom was, at the time of the birth, entitled to diplomatic immunity in the State. For children born between 2 December 1999 and 31 December 2004, the correct form of declaration is in Forms 1 and 2 of the Schedule to the Irish Nationality and Citizenship Regulations 2002 ( S.I. No. 567 of 2002 ).

I ............................................................ ............................................................ .. (Name in full) of ............................................................ ............................................................ ......................

.......................................... ............................................................ ............................ (address)

being of full age hereby declare that I am the [father] [mother] of .................................... (name of child in full) born at ............................................................ ............. a place in the island of Ireland, its islands and seas, on ............................................................ ....... (insert date of birth) and that, during the period of four years immediately preceding my child's birth, I resided in the island of Ireland, its islands and seas, as a national of (tick as appropriate):

(a)  an EU Member State namely ............................................................ .........................

(b)  an EEA member state namely ............................................................ .........................

(c)  the Swiss Confederation

for the following period(s):

from ............................................................ .......... to ............................................................ ..........

from ............................................................ .......... to ............................................................ ..........

(repeat as necessary)

As evidence of this nationality during the above period(s), I attach (tick as appropriate):

(a)  my passport, or

(b)  my national identity document; or

(c)  a certificate of nationality issued by the competent authority of my country of nationality

I declare that the information given by me in this declaration is correct and that the accompanying documents relate to me.

Signature (Mr./Ms) ............................................................ ............................................................ ....

Date ............................................................ ............................................................ ..........................

Declared and subscribed before me a ................................................ (insert qualification*) by the person named above who is personally known to me (or, who is identified to me by ................................... who is personally known to me).

Signature ............................................................ ............................................................ ...................

Name in Block Capitals (Mr./Ms) ............................................................ ..........................................

Address ............................................................ ............................................................ ....................

............................................................ ............................................................ ..................................

Day-time telephone number ............................................................ ...................................................

Date ............................................................ ............................................................ ..........................

IMPORTANT NOTICE

A person who knowingly or recklessly makes (whether in the State or outside the State) a false declaration for citizenship purposes shall be guilty of an offence and shall be liable—

(i)  on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months, or to both, or

(ii) on conviction on indictment to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years, or to both.

*A declaration made under section 6B(2) of the Act shall

(a)  if made in the territory of the State, be made before one of the following persons recognised or acting as such within the State;

(i)   a notary public,

(ii)  a commissioner for oaths,

(iii) a peace commissioner,

(iv) a minister of religion stating his or her denomination and address of place of worship,

(v)   a member of Dáil Éireann or Seanad Éireann or a member of the European Parliament for a constituency within the State,

(vi)  a member of a local authority for the purposes of the Local Government Act 2001 (No. 37 of 2001),

(vii) a barrister or solicitor,

(viii) a registered medical practitioner for the purposes of the Medical Practitioners Acts 1978 to 2002, or

(ix)  a qualified teacher who is a member of the teaching staff of a primary or secondary school or a third level institution,

(b)  if made in any place other than the territory of the State, be made before one of the following persons:

(i)   a person to whom section 5 of the Diplomatic and Consular Officers (Provision of Services) Act 1993 (No. 33 of 1993) applies,

(ii)  a notary public,

(iii) any person who is, by the law of the country in which the declaration is made, a commissioner for oaths or other person authorised to take affidavits and for that purpose to administer oaths.

Part 2

FORM B

IRISH NATIONALITY AND CITIZENSHIP ACT 1956

Declaration, under section 6B(3)(a) of the Irish Nationality and Citizenship Act 1956 , of residence in the island of Ireland, its islands and seas.

NOTES

(1)  This declaration is effective only in respect of periods of residence in Ireland by the parent of a child born on or after 1 January 2005 as a national of an EU Member State, a state (other than an EU Member State) that is a contracting party to the EEA Agreement or the Swiss Confederation where such residence occurred in the four year period immediately preceding the birth of the child. It should be completed where an entitlement to Irish citizenship is being asserted on behalf of that child by—

(a)   a parent who is NOT a national of an EU Member State, a state (other than an EU Member State) that is a contracting party to the EEA Agreement or the Swiss Confederation;

(b)   a guardian; or

(c)   a person acting in loco parentis to the child.

(2)  This declaration should be accompanied by the passport, national identity card, or certificate of nationality, and such other documentation as may be required by the Minister for Foreign Affairs, as appropriate, relating to the parent who is the subject of the declaration.

(3)  This declaration is NOT required in connection with the entitlement to Irish citizenship of a child born before 1 January 2005 in the island of Ireland, its islands and seas.

(4)  This declaration is NOT required in connection with the entitlement to Irish citizenship of a child born on or after 1 January 2005 in the island of Ireland, its islands and seas, where that child had, at the time of his or her birth, a parent (or a deceased parent) who was:

(a)   an Irish citizen or entitled to be an Irish citizen;

(b)   entitled to reside in the State without any restriction on his or her period of residence (including in accordance with a permission granted under section 4 of the Immigration Act 2004 );

(c)   a British citizen; or

(d)   entitled under the immigration laws of the United Kingdom to reside in the United Kingdom (and thus Northern Ireland) without any restriction on his or her period of residence.

(5)  This declaration is NOT appropriate in relation to the citizenship entitlement of a child born on or after 1 January 2005 in the island of Ireland, its islands and seas, to parents one of whom was, at the time of the birth, entitled to diplomatic immunity in the State. For children born between 2 December 1999 and 31 December 2004, the correct form of declaration is in Forms 1 and 2 of the Schedule to the Irish Nationality and Citizenship Regulations 2002 ( S.I. No. 567 of 2002 ).

I ............................................................ ............................................................ .. (Name in full) of ............................................................ ............................................................ ......................

............................................................ ............................................................ .......... (address)

hereby declare that I am [the parent of] [the guardian of] [in loco parentis to] ........................... (name of child in full) of ....................... ............................................................ ........ (address)

born at ....................................................... a place in the island of Ireland, its islands and seas, on ................................... (insert date of birth) and that during the period of four years immediately preceding the child's birth, his/her [father] [mother] ......................................... (insert name of father or mother) resided in the island of Ireland, its islands and seas, as a national of (tick as appropriate):

(a) an EU Member State namely............................................................ ...............................

(b) an EEA member state namely ............................................................ ...............................

(c) the Swiss Confederation

for the following period(s):

from ............................................................ .......... to ............................................................ ..........

from ............................................................ .......... to ............................................................ ..........

(repeat as necessary)

As evidence of this nationality during the above period(s), I attach (tick as appropriate):

(a) his/her passport, or

(b) his/her national identity document; or

(c) a certificate of nationality issued by the competent authority of his/her country of nationality

I declare that the information given by me in this declaration is correct and that the accompanying documents relate to the [father] [mother] (delete as appropriate) of ......................................... (insert name of child in full).

Signature (Mr./Ms) ............................................................ ............................................................ ....

Date ............................................................ ............................................................ ..........................

Declared and subscribed before me a ................................................ (insert qualification*) by the person named above who is personally known to me (or, who is identified to me by ................................... who is personally known to me).

Signature ............................................................ ............................................................ ...................

Name in Block Capitals (Mr./Ms) ............................................................ ..........................................

Address ............................................................ ............................................................ ....................

............................................................ ............................................................ ..................................

Day-time telephone number ............................................................ ...................................................

Date ............................................................ ............................................................ ..........................

IMPORTANT NOTICE

A person who knowingly or recklessly makes (whether in the State or outside the State) a false declaration for citizenship purposes shall be guilty of an offence and shall be liable—

(i) on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months, or to both, or

(ii) on conviction on indictment to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years, or to both.

* A declaration made under section 6B(3)(a) of the Act shall—

(a)  if made in the territory of the State, be made before one of the following persons recognised or acting as such within the State;

(i)  a notary public,

(ii)  a commissioner for oaths,

(iii) a peace commissioner,

(iv) a minister of religion stating his or her denomination and address of place of worship,

(v)  a member of Dáil Éireann or Seanad Éireann or a member of the European Parliament for a constituency within the State,

(vi) a member of a local authority for the purposes of the Local Government Act 2001 (No. 37 of 2001),

(vii) a barrister or solicitor,

(viii) a registered medical practitioner for the purposes of the Medical Practitioners Acts 1978 to 2002, or

(ix)  a qualified teacher who is a member of the teaching staff of a primary or secondary school or a third level institution,

(b)  if made in any place other than the territory of the State, be made before one of the following persons:

(i)  a person to whom section 5 of the Diplomatic and Consular Officers (Provision of Services) Act 1993 (No. 33 of 1993 applies,

(ii)  a notary public,

(iii) any person who is, by the law of the country in which the declaration is made, a commissioner for oaths or other person authorised to take affidavits and for that purpose to administer oaths.

Part 3

FORM C

IRISH NATIONALITY AND CITIZENSHIP ACT 1956

Declaration, under section 28A of the Act of 1956, by a parent of a person not of full age in respect of whom a certificate of nationality is being sought under section 28 of that Act.

NOTES

(1)  This is a declaration which is required from a parent of a child, born on or after 1 January 2005 in the island of Ireland, its islands and seas, in respect of periods of residence in Northern Ireland during the four years preceding the birth, during which periods the relevant parent was NOT a national of an EU Member State, a state (other than an EU Member State that is a contracting party to the EEA Agreement or the Swiss Confederation.

(2)  This declaration is NOT required in connection with the entitlement to Irish citizenship of a child born before 1 January 2005 in the island of Ireland, its islands and seas.

(3)  This declaration is NOT required in connection with the entitlement to Irish citizenship of a child born on or after 1 January 2005 in the island of Ireland, its islands and seas, where that child had, at the time of his or her birth, a parent (or a deceased parent) who was:

(a)  an Irish citizen or entitled to be an Irish citizen;

(b)  entitled to reside in the State without any restriction on his or her period of residence (including in accordance with a permission granted under section 4 of the Immigration Act 2004 );

(c)  a British citizen; or

(d)  entitled under the immigration laws of the United Kingdom to reside in the United Kingdom (and thus Northern Ireland) without any restriction on his or her period of residence.

(4)  This declaration is NOT appropriate in relation to the citizenship entitlement of a child born on or after 1 January 2005 in the island of Ireland, its islands and seas, to parents one of whom was, at the time of the birth, entitled to diplomatic immunity in the State. For children born between 2 December 1999 and 31 December 2004, the correct form of declaration is in Forms 1 and 2 of the Schedule to the Irish Nationality and Citizenship Regulations 2002 ( S.I. No. 567 of 2002 ).

I ............................................................ ............................................................ .. (Name in full) of ............................................................ ............................................................ ......................

............................................................ ............................................................ .......... (address)

hereby declare that:

(a)  I am a national of ............................................................ ............................................................ .

(insert name of country of nationality of father/mother);

(b)  I am the [father] [mother] of ....................... (name of child in full) of .................................... (address) born at ..................... a place in the island of Ireland, its islands and seas, on ............................. (insert date of birth); and

(c)  during the period of four years immediately preceding my child's birth, I resided in Northern Ireland for the following period(s):

from ............................................................ .... to ............................................................ ....

from ............................................................ .... to ............................................................ ....

(repeat as necessary)

during all of which period(s), I was:

(i)  a national of a State other than a Member State of the European Union, the European Economic Area or the Swiss Confederation; and

(ii)  lawfully permitted to be present in that jurisdiction on foot of a permission granted by the immigration authorities of the United Kingdom, which permission was granted to me other than for the purpose of:

(I)    enabling me to engage in a course of education or study; or

(II)   having a claim to be recognised as a refugee within the meaning of the 1951 Geneva Convention relating to the status of refugees and the 1967 Protocol relating to the status of refugees determined by the United Kingdom authorities.

I attach the following documentary evidence in support of the above declaration:

(a)  the birth certificate of the child referred to above;

(b)  my passport showing UK immigration stamps for the relevant period(s); and

(c)  copies of two of the following issued in respect of each of three years of reckonable residence (six documents in total) being claimed by me:

(i)     information or correspondence, in writing, from a public body issued to me at my address in Northern Ireland confirming the payment of income tax or social insurance or relating to the assessment of income tax;

(ii)    information or correspondence from a public body issued to me confirming the provision of any other public service to me at my address in Northern Ireland;

(iii)   driving licence issued to me at my address in Northern Ireland in a year in relation to which a claim of residence in Northern Ireland is being made;

(iv)   information or correspondence from a public body issued to me confirming the payment of social security benefits to me at my address in Northern Ireland;

(v)    information or correspondence issued to me relating to the provision to me at my address in Northern Ireland of public services (gas, electricity water, telephone, etc.);

(vi)   information or correspondence relating to the payment by me of rent, mortgage repayments, etc., in respect of my dwelling in Northern Ireland;

(vii)  such other documentation as may be required by the Minister for Justice, Equality and Law Reform or the Minister for Foreign Affairs.

I declare that the information given by me in this declaration is correct and that the accompanying documents relate to me.

Signature (Mr./Ms) ............................................................ ............................................................ ....

Date ............................................................ ............................................................ ..........................

Declared and subscribed before me a ................................................ (insert qualification*) by the person named above who is personally known to me (or, who is identified to me by ................................... who is personally known to me).

Signature ............................................................ ............................................................ ...................

Name in Block Capitals (Mr./Ms) ............................................................ ..........................................

Address ............................................................ ............................................................ ....................

............................................................ ............................................................ ..................................

Day-time telephone number ............................................................ ...................................................

Date ............................................................ ............................................................ ..........................

IMPORTANT NOTICE

A person who knowingly or recklessly makes (whether in the State or outside the State) a false declaration for citizenship purposes shall be guilty of an offence and shall be liable—

(i)  on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months, or to both, or

(ii) on conviction on indictment to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years, or to both.

* A declaration made under section 28A of the Act shall—

(a)  if made in the territory of the State, be made before one of the following persons recognised or acting as such within the State;

(i)  a notary public,

(ii)  a commissioner for oaths,

(iii) a peace commissioner,

(iv) a minister of religion stating his or her denomination and address of place of worship,

(v)  a member of Dáil Éireann or Seanad Éireann or a member of the European Parliament for a constituency within the State,

(vi) a member of a local authority for the purposes of the Local Government Act 2001 (No. 37 of 2001),

(vii) a barrister or solicitor,

(viii) a registered medical practitioner for the purposes of the Medical Practitioners Acts 1978 to 2002,

(ix) a qualified teacher who is a member of the teaching staff of a primary or secondary school or a third level institution

(b)  if made in any place other than the territory of the State, be made before one of the following persons:

(i)  a person to whom section 5 of the Diplomatic and Consular Officers (Provision of Services) Act 1993 (No. 33 of 1993) applies,

(ii)  a notary public,

(iii) any person who is, by the law of the country in which the declaration is made, a commissioner for oaths or other person authorised to take affidavits and for that purpose to administer oaths.

Part 4

FORM D

IRISH NATIONALITY AND CITIZENSHIP ACT 1956

Declaration, under section 28A of the Act of 1956, by a person who is the guardian of or in loco parentis to a person not of full age in respect of whom a certificate of nationality is being sought under section 28 of that Act.

NOTES

(1)  This is a declaration which is required from a person who is the guardian of, or in loco parentis to, a child born on or after 1 January 2005 in the island of Ireland, its islands and seas, in respect of periods of residence in Northern Ireland of a parent of the child during the four years preceding the birth of the child, during which periods the relevant parent was NOT a national of an EU Member State, a state (other than an EU Member State) that is a contracting party to the EEA Agreement or the Swiss Confederation.

(2)  This declaration is NOT required in connection with the entitlement to Irish citizenship of a child born before 1 January 2005 in the island of Ireland, its islands and seas.

(3)  This declaration is NOT required in connection with the entitlement to Irish citizenship of a child born on or after 1 January 2005 in the island of Ireland, its islands and seas, where that child had, at the time of his or her birth, a parent (or a deceased parent) who was:

(a)  an Irish citizen or entitled to be an Irish citizen;

(b)  entitled to reside in the State without any restriction on his or her period of residence (including in accordance with a permission granted under section 4 of the Immigration Act 2004 );

(c)  a British citizen; or

(d)  entitled under the immigration laws of the United Kingdom to reside in the United Kingdom (and thus Northern Ireland) without any restriction on his or her period of residence.

(4)  This declaration is NOT appropriate in relation to the citizenship entitlement of a child born on or after 1 January 2005 in the island of Ireland, its islands and seas, to parents one of whom was, at the time of the birth, entitled to diplomatic immunity in the State. For children born between 2 December 1999 and 31 December 2004, the correct form of declaration is in Forms 1 and 2 of the Schedule to the Irish Nationality and Citizenship Regulations 2002 ( S.I. No. 567 of 2002 ).

I ............................................................ ............................................................ .. (Name in full) of ............................................................ ............................................................ ......................

............................................................ ............................................................ .......... (address)

(a)  I am [the guardian of] [in loco parentis to] ..................................... (name of child in full) of ......................................................... (address) born at ................ a place in the island of Ireland its islands and seas, on ....................... (insert date of birth);

(b)  his/her [father] [mother] (delete as appropriate) .......................... (insert name of parent) is/was a national of ......................... (insert name of country of nationality of father/mother); and

(c)  during the period of four years immediately preceding the birth of ........................... (insert name of child in full) his/her [father] [mother] resided in Northern Ireland for the following period(s):

from ............................................................ .... to ............................................................ ....

from ............................................................ .... to ............................................................ ....

(repeat as necessary)

during all of which period(s), his/her [father] [mother] was:

(i)  a national of a State other than a Member State of the European Union, the European Economic Area or the Swiss Confederation; and

(ii)  lawfully permitted to be present in that jurisdiction on foot of a permission granted by the immigration authorities of the United Kingdom, which permission was granted to [him] [her] other than for the purpose of:

(I)  enabling [him] [her] to engage in a course of education or study; or

(II) having a claim to be recognised as a refugee within the meaning of the 1951 Geneva Convention relating to the status of refugees and the 1967 Protocol relating to the status of refugees determined by the United Kingdom authorities.

I attach the following documentary evidence in support of the above declaration:

(a) the birth certificate of the child referred to above;

(b) documentation verifying that I am the guardian of or in loco parentis to the child referred to above;

(c) the parent's passport showing UK immigration stamps for the relevant period; and

(d) copies of two of the following in respect of each of year of reckonable residence (six documents in total) being claimed in respect of the parent:

(i)    information or correspondence, in writing, from a public body issued to him or her at his or her address in Northern Ireland confirming the payment of income tax or social insurance or relating to the assessment of income tax;

(ii)    information or correspondence from a public body issued to him or her confirming the provision of any other public service to him or her at his or her address in Northern Ireland;

(iii)   driving licence issued to him or her at his or her address in Northern Ireland in a year in relation to which a claim of residence in Northern Ireland is being made;

(iv)   information or correspondence from a public body issued to him or her confirming the payment of social security benefits to him or her at his or her address in Northern Ireland;

(v)    information or correspondence issued to him or her relating to the provision to him or her at his or her address in Northern Ireland of public services (gas electricity, water, telephone, etc.);

(vi)   information or correspondence relating to the payment by him or her of rent, mortgage repayments etc., in respect of his or her dwelling in Northern Ireland;

(vii)  such other documentation as may be required by the Minister for Justice, Equality and Law Reform or the Minister for Foreign Affairs.

I declare that the information given by me in this declaration is correct and that the accompanying documents relate to the parent of ................................. (insert name of child in full).

Signature (Mr./Ms) ............................................................ ............................................................ ....

Date ............................................................ ............................................................ ..........................

Declared and subscribed before me a ................................................ (insert qualification*) by the person named above who is personally known to me (or, who is identified to me by ................................... who is personally known to me).

Signature ............................................................ ............................................................ ...................

Name in Block Capitals (Mr./Ms) ............................................................ ..........................................

Address ............................................................ ............................................................ ....................

............................................................ ............................................................ ..................................

Day-time telephone number ............................................................ ...................................................

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IMPORTANT NOTICE

A person who knowingly or recklessly makes (whether in the State or outside the State) a false declaration for citizenship purposes shall be guilty of an offence and shall be liable—

(i) on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months, or to both, or

(ii) on conviction on indictment to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years, or to both.

* A declaration made under section 28A of the Act shall

(a) if made in the territory of the State, be made before one of the following persons recognised or acting as such within the State;

(i)  a notary public,

(ii)  a commissioner for oaths,

(iii) a peace commissioner,

(iv) a minister of religion stating his or her denomination and address of place of worship,

(v)  a member of Dáil Éireann or Seanad Éireann or a member of the European Parliament for a constituency within the State,

(vi)  a member of a local authority for the purposes of the Local Government Act 2001 (No. 37 of 2001),

(vii) a barrister or solicitor,

(viii) a registered medical practitioner for the purposes of the Medical Practitioners Acts 1978 to 2002, or

(ix)  a qualified teacher who is a member of the teaching staff of a primary or secondary school or a third level institution,

(b) if made in any place other than the territory of the State, be made before one of the following persons:

(i)  a person to whom section 5 of the Diplomatic and Consular Officers (Provision of Services) Act 1993 (No. 33 of 1993 applies,

(ii)  a notary public,

(iii) any person who is, by the law of the country in which the declaration is made, a commissioner for oaths or other person authorised to take affidavits and for that purpose to administer oaths.

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GIVEN under my Official Seal, this 4th day of January 2005.

MICHAEL McDOWELL T.D.,

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The Regulations prescribe the procedure to be followed and the forms to be used by persons who make declarations for the purposes of sections 6B(2), 6B(3)(a) and 28A of the Irish Nationality and Citizenship Act 1956 (as inserted in that Act by the Irish Nationality and Citizenship Act 2004 ).