|
|
Citizenship of citizen married to an alien.
|
16.—(1) Where either—
|
|
| |
(a) one of the parties to a marriage solemnised (whether in or outside Ireland) before the 6th day of December, 1922, became a citizen of Saorstát Eireann by virtue of Article 3 of the Constitution and the other of such parties did not become a citizen of Saorstát Eireann by virtue of the said Article, or
|
|
| |
(b) one of the parties to a marriage solemnised (whether in or outside Saorstát Eireann) on or after the 6th day of December, 1922, and before the date of the passing of this Act was, immediately before such marriage, a citizen of Saorstát Eireann by virtue of Article 3 of the Constitution and the other of the said parties was not, immediately before such marriage, a citizen of Saorstát Eireann by virtue of the said Article,
|
|
| |
and in either such case the parties to such marriage have for at least two years before the passing of this Act or, where such marriage was solemnised within those two years, continuously since such solemnisation been ordinarily resident outside Saorstát Eireann and intend to continue ordinarily resident outside Saorstát Eireann, the party to such marriage who (as the case may be) became a citizen of Saorstát Eireann by virtue of Article 3 of the Constitution or was, immediately before such marriage, a citizen of Saorstát Eireann by virtue of the said Article shall, at the time appointed by the next following sub-section of this section cease to be a citizen of Saorstát Eireann unless he or she shall before the expiration of two years after the passing of this Act make and lodge with the Minister in the prescribed form and manner a declaration of election to retain Saorstát Eireann citizenship as his or her post-nuptial citizenship.
|
|
| |
(2) The time at which any particular person shall cease to be a citizen of Saorstát Eireann by virtue of the next preceding sub-section of this section shall be whichever of the following times is applicable to his or her case, that is to say:—
|
|
| |
(a) if such person has, before the passing of this Act, acquired the nationality of his or her spouse—the expiration of two years after the passing of this Act, or
|
|
| |
(b) if such person, within two years after the passing of this Act, acquires the nationality of his or her spouse—the expiration of such period, or
|
|
| |
(c) if such person has not, before the expiration of two years from the passing of this Act, acquired the nationality of his or her spouse—the date on which he or she acquires such nationality.
|
|
| |
(3) Where one of the parties to a marriage solemnised (whether in or outside Saorstát Eireann) on or after the date of the passing of this Act is, immediately before such marriage, a citizen of Saorstát Eireann and the other of such parties is, immediately before such marriage, not a citizen of Saorstát Eireann, and such parties intend permanently to have their ordinary residence outside Saorstát Eireann after such marriage, the said party who is, immediately before such marriage, a citizen of Saorstát Eireann shall at the time appointed by the next following sub-section of this section cease to be a citizen of Saorstát Eireann unless he or she shall before the expiration of one year after such marriage make and lodge with the Minister in the prescribed form and manner a declaration of election to retain Saorstát Eireann citizenship as his or her post-nuptial citizenship.
|
|
| |
(4) The time at which any particular person shall cease to be a citizen of Saorstát Eireann by virtue of the next preceding sub-section of this section shall be whichever of the following times is applicable to his or her case, that is to say:—
|
|
| |
(a) if such person shall, on or within one year after his or her marriage, acquire the nationality of his or her spouse—the expiration of such year, or
|
|
| |
(b) if such person has not, before the expiration of one year after his or her marriage, acquired the nationality of his or her spouse—the date on which he or she acquires such nationality.
|
