Irish Nationality and Citizenship Act 1956

F36[Calculation of period of residence in relation to application for naturalisation.

16A

16A.F37[(1) A period of residence in the State shall not be reckoned when calculating a period of residence for the purposes of granting a certificate of naturalisation if—

(a) it is in contravention of section 5(1) of the Act of 2004,

(b) it is in accordance with a permission given to a person under section 4 of the Act of 2004 for the purpose of enabling him or her to engage in a course of education or study in the State, or

(c) it consists of a period during which a person (other than a person who was, during that period, a national of a Member State, an EEA state or the Swiss Confederation) referred to in subsection (2) of section 9 (amended by section 7(c)(i) of the Act of 2003) of the Act of 1996 is entitled to remain in the State in accordance only with the said subsection.]

(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.]

F38[(4) Where a person referred to in section 2 (1) or 2(1A) of the Immigration Act 2004 is resident in the State, such residence shall not be reckonable as a period of residence in the State for the purposes of granting a certificate of naturalisation.]

Annotations:

Amendments:

F36

Inserted (30.11.2002) by Irish Nationality and Citizenship Act 2001 (15/2001), s. 6, S.I. No. 128 of 2002.

F37

Substituted (1.01.2005) by Irish Nationality and Citizenship Act 2004 (38/2004), s. 11, S.I. No. 873 of 2004.

F38

Inserted (13.12.2017) by Diplomatic Relations (Miscellaneous Provisions) Act 2017 (33/2017), s. 9(d), commenced on enactment.

Editorial Notes:

E22

The section title is taken from the amending section in absence of one included in the amendment.

E23

Previous affecting provision: subs. (1)(b)(i), (ii) amended (13.02.2004) by Immigration Act 2004 (1/2004), s. 16(1)(a), (b), commenced on enactment; subs. (1) substituted as per F-note above.