Irish Nationality and Citizenship Act 1956

F39[Naturalisation of minors born in State

15B

15B. (1) Upon receipt of an application under this section for a certificate of naturalisation in respect of a minor, the Minister may, in his or her absolute discretion, grant the application if satisfied that the minor—

(a) was born in the State,

(b) subject to subsection (2), 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 two years, and

(d) subject to subsection (3), has, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons allows—

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

(ii) undertaken, in the prescribed manner, to faithfully observe the laws of the State and to respect its democratic values.

(2) Where a minor is under 14 years of age on the date of his or her application under this section for a certificate of naturalisation, the condition at paragraph (b) of subsection (1) shall apply to him or her only where he or she—

(a) is charged with, and is awaiting trial for, or

(b) is or has been convicted of,

murder, manslaughter, rape, rape under section 4 of the Criminal Law (Rape) (Amendment) Act 1990 or aggravated sexual assault within the meaning of section 3 of that Act.

(3) The condition at paragraph (d) of subsection (1) shall not apply to a minor who is under 14 years of age on the date of the application for a certificate of naturalisation.

(4) The Minister may, in his or her absolute discretion, waive the conditions at paragraph (b) or (d), or both, of subsection (1) in respect of a minor who is 14 years of age or over on the date of the application for a certificate of naturalisation, if the Minister considers it appropriate to do so having regard to the particular circumstances of the minor concerned.

(5) An application under this section in respect of a minor shall be made on behalf of the minor by his or her parent or guardian, or by a person who is in loco parentis to him or her.]

Annotations:

Amendments:

F39

Inserted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 8, S.I. No. 389 of 2023.