Irish Nationality and Citizenship Act 1956

Conditions for issue of certificate.

15

F29[15.—(1) Upon receipt of an application for a certificate of naturalisation, the Minister may, in his absolute discretion, grant the application, if satisfied that the applicant—

F30[(a) is of full age;]

(b) is of good character;

(c) has had a period of one year's continuous residence in the State immediately before the date of the application and, during the eight years immediately preceding that period, has had a total residence in the State amounting to four years;

(d) intends in good faith to continue to reside in the State after naturalisation; and

F30[(e) has, in accordance with subsection (1A) or, as the case may be, subsection (1B), and in the prescribed manner—

(i) made a declaration of fidelity to the nation and loyalty to the State, and

(ii) undertaken to faithfully observe the laws of the State and respect its democratic values.]

F31[(1A) The declaration referred to in paragraph (e) of subsection (1) shall be made, and the undertaking referred to in that paragraph shall be given—

(a) subject to subsection (1B), in a citizenship ceremony, or

(b) in such manner as the Minister, for special reasons, allows.

(1B) The Minister may—

(a) dispense with the requirement under subsection (1A)(a) that the declaration be made and the undertaking be given in a citizenship ceremony, and

(b) allow the applicant to make the declaration and give the undertaking in such manner as the Minister may specify,

where the Minister is of the opinion that, having regard to the number of applications of which he is in receipt, it is appropriate to do so in the interests of ensuring that such applications are dealt with in an efficient manner.]

(2) The conditions specified in paragraphs (a) to (e) of F30[subsection (1) and paragraphs (a) to (d) of section 15B(1)] are referred to in this Act as conditions for naturalisation.]

F32[(3) F33[]]

F34[(4) F33[]]

Annotations:

Amendments:

F29

Substituted (1.07.1986) by Irish Nationality and Citizenship Act 1986 (23/1986), s. 4, commenced on enactment.

F30

Substituted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 6(a)(i), (ii), (c), S.I. No. 389 of 2023.

F31

Inserted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 6(b), S.I. No. 389 of 2023.

F32

Inserted (1.01.2005) by Irish Nationality and Citizenship Act 2004 (38/2004), s. 8(b), S.I. No. 873 of 2004.

F33

Deleted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 6(d), S.I. No. 389 of 2023.

F34

Inserted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 33(b)(ii), commenced on enactment.

Editorial Notes:

E20

Previous affecting provision: subs. (1)(e) substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 33(b)(i), commenced on enactment; substituted (31.07.2023) as per F-note above.

E21

Previous affecting provision: subs. (1)(a) substituted (1.01.2005) by Irish Nationality and Citizenship Act 2004 (38/2004), s. 8(a), S.I. No. 873 of 2004; substituted (31.07.2023) as per F-note above.