Irish Nationality and Citizenship Act, 1935

Certificate of naturalisation of alien heretofore married to a citizen.

17.—Where—

(a) either—

(i) 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

(ii) 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 such parties was not, immediately before such marriage, a citizen of Saorstát Eireann by virtue of the said Article, and

(b) the party to such marriage who (as the case may be) did not become a citizen of Saorstát Eireann by virtue of Article 3 of the Constitution or was not, immediately before such marriage, a citizen of Saorstát Eireann by virtue of the said Article duly applies under this Act for a certificate of naturalisation and lodges with the Minister with the application for such certificate a declaration in the prescribed form electing to take citizenship of Saorstát Eireann as his or her postnuptial citizenship, and proves in the prescribed form and manner to the satisfaction of the Minister that he or she has ceased or will, upon the acquisition of citizenship of Saorstát Eireann, cease to be a citizen of any other country, and

(c) the Minister is satisfied that the said parties are at the date of the said application ordinarily resident in Saorstát Eireann and have been so ordinarily resident continuously since the passing of this Act and for at least two years before such passing or, where such marriage was solemnised within those two years, for the period between such solemnisation and such passing,

the Minister shall, in respect of the said party so applying for a certificate of naturalisation, dispense with compliance with the provisions of this Act in relation to residence in Saorstát Eireann before the application as a condition precedent to the issue of a certificate of naturalisation.