Irish Nationality and Citizenship Act, 2001

Naturalisation of spouses of Irish citizens.

5.—The following section is hereby inserted after section 15 of the Act of 1956:

“15A.—(1) Notwithstanding the provisions of section 15, the Minister may, in his or her absolute discretion, grant an application for a certificate of naturalisation to the non-national spouse of an Irish citizen if satisfied that the applicant—

(a) is of full age,

(b) is of good character,

(c) is married to that citizen for a period of not less than 3 years,

(d) is in a marriage recognised under the laws of the State as subsisting,

(e) and that citizen are living together as husband and wife and that citizen submits to the Minister an affidavit in the prescribed form to that effect,

(f) had immediately before the date of the application a period of one year's continuous residence in the island of Ireland,

(g) had, during the 4 years immediately preceding that period, a total residence in the island of Ireland amounting to 2 years,

(h) intends in good faith to continue to reside in the island of Ireland after naturalisation, and

(i) has made, either before a judge of the District Court in open court or in such manner as the Minister, for special reasons, allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State.

(2) The Minister may, in his or her absolute discretion, waive the conditions at paragraph (c), (f), (g) or (h) of subsection (1) or any of them if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.”.