Irish Nationality and Citizenship Act, 1935

Issue of certificate of naturalisation.

4.—(1) Whenever an application is duly made to the Minister for a certificate of naturalisation, the Minister may, at his absolute discretion but subject to the limitations imposed by this section, either—

(a) grant such application and issue to the applicant a certificate of naturalisation accordingly, or

(b) refuse such application.

(2) A certificate of naturalisation shall not be issued to a person of unsound mind, nor (save as is expressly authorised by this Act) to a person who has not attained the age of twenty-one years.

(3) The Minister shall not issue to any person a certificate of naturalisation unless or until he is satisfied—

(a) that such person is of good character, and

(b) that, save as is otherwise provided by this Act, such person resided continuously in Saorstát Eireann for the period of one year expiring on the date of his application for such certificate and also resided, during the eight years next preceding the said period of one year, in Saorstát Eireann for a continuous period of four years or for a number of discontinuous periods amounting in the aggregate to four years, and

(c) that such person bona fide intends, if and when such certificate is issued to him, to have his usual or principal place of residence in Saorstát Eireann, and

(d) that such person has made, in the prescribed form and manner, a declaration of acceptance of citizenship of Saorstát Eireann.

(4) Where the applicant for a certificate of naturalisation is the spouse of a person who is under this Act deemed (in virtue of permanent residence in Saorstát Eireann) to be a natural-born citizen of Saorstát Eireann, the Minister may, if he so thinks proper, dispense in the case of such applicant with compliance by such applicant with so much of this section as relates to residence in Saorstát Eireann prior to the application for a certificate of naturalisation.

(5) Where the applicant for a certificate of naturalisation satisfies the Minister—

(a) that she is a widow, and

(b) that her husband, immediately before his death, was not a citizen of Saorstát Eireann, and

(c) that she was, immediately before her marriage, a citizen of Saorstát Eireann, and

(d) that she relinquished under this Act her citizenship of Saorstát Eireann on account of her marriage to a person who was not a citizen of Saorstát Eireann, and

(e) that she was at the date of the death of her husband and is at the date of such application ordinarily resident outside Saorstát Eireann,

the Minister may, if he so thinks proper, dispense in the case of such applicant with compliance by her with so much of this section as relates to residence or to intended residence in Saorstát Eireann.

(6) The Minister may, if he so thinks fit in the case of any particular applicant for a certificate of naturalisation, deem any particular period of service by such applicant outside Saorstát Eireann in the employment of the Government of Saorstát Eireann to be residence in Saorstát Eireann for the purposes of this section.