Irish Nationality and Citizenship Act, 2001

Calculation of period of residence in relation to application for naturalisation.

6.—The following section is hereby inserted after section 16 of the Act of 1956:

“16A.—(1) When calculating a period of residence in the State for the purposes of an application for a certificate of naturalisation—

(a) in the case of a non-national who is a person to whom the European Communities (Aliens) Regulations, 1977 ( S.I. No. 393 of 1977 ), apply, no period shall be reckoned in relation to which the non-national was not the holder or subject of a residence permit or document granted under those Regulations or the European Communities (Right of Residence for Non-Economically Active Persons) Regulations, 1997 ( S.I. No. 57 of 1997 ), and

(b) in the case of any other non-national, no period shall be reckoned in respect of which the non-national—

(i) was required to have the permission of the Minister to remain in the State under the Aliens Act, 1935 , but did not have such permission, or

(ii) had permission to remain under that Act or any other enactment for the purpose of—

(I) study (whether or not such study necessitated the employment of the non-national during the whole or part of the period of study), or

(II) seeking to be recognised as a refugee (within the meaning of the Refugee Act, 1996 ).

(2) This section does not apply to a person to whom the provisions of the Aliens Act, 1935 , do not apply by virtue of an order made under section 10 of that Act.

(3) This section does not apply in the calculation of a period of residence in the State for the purposes of an application for a certificate of naturalisation made before the commencement of section 6 of the Irish Nationality and Citizenship Act, 2001.”.