Irish Nationality and Citizenship Act 1956

• Enactment Date: 17 July 1956
• Act Number: 26

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Number 26 of 1956

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IRISH NATIONALITY AND CITIZENSHIP ACT 1956

REVISED

Updated to 10 August 2021

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This Revised Act is an administrative consolidation of the Irish Nationality and Citizenship Act 1956. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), enacted 23 July 2021, and all statutory instruments up to and including the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (Restrictions upon Travel to the State from Certain States) (No. 5) (Amendment) (No. 3) Regulations 2021 (S.I. No. 420 of 2021), made 10 August 2021, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

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Number 26 of1956

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IRISH NATIONALITY AND CITIZENSHIP ACT 1956

REVISED

Updated to 10 August 2021

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Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Irish Nationality and Citizenship Acts 1956 to 2004: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Irish Nationality and Citizenship Act 2004 (38/2004), s. 16(2)). The Acts in this group are:

• Irish Nationality and Citizenship Act 1956 (26/1956)

• Irish Nationality and Citizenship Act 1986 (23/1986)

• Irish Nationality and Citizenship Act 1994 (9/1994)

• Irish Nationality and Citizenship Act 2001 (15/2001)

• Irish Nationality and Citizenship Act 2004 (38/2004)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Diplomatic Relations (Miscellaneous Provisions) Act 2017 (33/2017)

• Gender Recognition Act 2015 (25/2015)

• Civil Law (Miscellaneous Provisions) Act 2011 (23/2011)

• Adoption Act 2010 (21/2010)

• Irish Nationality and Citizenship Act 2004 (38/2004)

• Immigration Act 2004 (1/2004)

• Irish Nationality and Citizenship Act 2001 (15/2001)

• Irish Nationality and Citizenship Act 1994 (9/1994)

• Status of Children Act 1987 (26/1987)

• Irish Nationality and Citizenship Act 1986 (23/1986)

All Acts up to and including Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), enacted 10 August 2021, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Gender Recognition of Foreign Births Regulations 2017 (S.I. No. 539 of 2017)

• Foreign Births Regulations 2013 (S.I. No. 47 of 2013)

• Irish Nationality and Citizenship Regulations 2011 (S.I. No. 569 of 2011)

• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

• Irish Nationality and Citizenship (Amendment) Regulations 2011 (S.I. No. 284 of 2011)

• Foreign Births (Amendment) Regulations 2009 (S.I. No. 408 of 2009)

• Irish Nationality and Citizenship (Fees) Regulations 2008 (S.I. No. 294 of 2008)

• Irish Nationality and Citizenship Regulations 2005 (S.I. No. 1 of 2005)

• Irish Nationality and Citizenship Regulations 2002 (S.I. No. 567 of 2002)

• Irish Nationality and Citizenship (Declaration of Citizenship) Regulations 2002 (S.I. No. 196 of 2002)

• Irish Nationality and Citizenship (Fees) Regulations 1996 (S.I. No. 291 of 1996)

• Foreign Births (Amendment) Regulations 1994 (S.I. No. 155 of 1994)

• Irish Nationality and Citizenship (Fees) Regulations 1993 (S.I. No. 89 of 1993)

• Foreign Births (Amendment) Regulations 1988 (S.I. No. 341 of 1988)

• Irish Nationality and Citizenship Regulations 1987 (S.I. No. 148 of 1987)

• Irish Nationality and Citizenship Regulations 1986 (S.I. No. 261 of 1986)

• Irish Nationality and Citizenship (Fees) Regulations 1986 (S.I. No. 260 of 1986)

• Foreign Births (Amendment) Regulations 1985 (S.I. No. 363 of 1985)

• Irish Nationality and Citizenship (Fees) Regulations 1983 (S.I. No. 279 of 1983)

• Foreign Births (Amendment) Regulations 1981 (S.I. No. 259 of 1981)

• Irish Nationality and Citizenship (Fees) Regulations 1980 (S.I. No. 137 of 1980)

• Foreign Births (Amendment) Regulations 1980 (S.I. No. 94 of 1980)

• Foreign Births (Amendment) Regulations 1976 (S.I. No. 273 of 1976)

• Foreign Births (Amendment) Regulations 1974 (S.I. No. 349 of 1974)

• Foreign Births Regulations 1956 (S.I. No. 224 of 1956)

• Irish Nationality and Citizenship Regulations 1956 (S.I. No. 216 of 1956)

All statutory instruments up to and including Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (Restrictions upon Travel to the State from Certain States) (No. 5) (Amendment) (No. 3) Regulations 2021 (S.I. No. 420 of 2021), made 10 August 2021, were considered in the preparation of this revision.

Court decisions which affect or previously affected this revision

• Damache v The Minister for Justice and Equality, Ireland and the Attorney General [2020] SCt. 14 October 2020, Dunne J.

• Damache v The Minister for Justice and Equality, Ireland and the Attorney General [2021] IESC 6, 10 February 2021, Dunne J.

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Number 26 of 1956.

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IRISH NATIONALITY AND CITIZENSHIP ACT 1956

REVISED

Updated to 10 August 2021

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ARRANGEMENT OF SECTIONS

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Acts Referred to
Irish Nationality and Citizenship Act, 1935	No. 13 of 1935
Irish Nationality and Citizenship (Amendment) Act, 1937	No. 39 of 1937
Adoption Act, 1952	No. 25 of 1952

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Number 26 of 1956.

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IRISH NATIONALITY AND CITIZENSHIP ACT 1956

REVISED

Updated to 10 August 2021

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AN ACT TO MAKE PROVISION FOR THE ACQUISITION AND LOSS OF IRISH NATIONALITY AND CITIZENSHIP. [17th July, 1956.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary.

Short title.

1

1. —This Act may be cited as the Irish Nationality and Citizenship Act, 1956.

Definitions.

2

2. —(1) In this Act—

“the Act of 1935” means the Irish Nationality and Citizenship Act, 1935 (No. 13 of 1935);

F1["Act of 1996" means the Refugee Act 1996;]

F1["Act of 2003" means the Immigration Act 2003;]

F1["Act of 2004" means the Immigration Act 2004;]

F2[…]

F3["civil partner" means a civil partner within the meaning of section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;]

“consular office” includes a consulate-general, consulate or vice-consulate, whether in charge of a career or honorary consular officer;

“diplomatic officer” means an ambassador extraordinary and plenipotentiary, envoy extraordinary and minister plenipotentiary, chargé d'affaires, counsellor or secretary of embassy or legation, or attaché;

F1["EEA state" means a state, other than a Member State, that is a contracting party to the EEA Agreement;]

F1["EEA Agreement" has the same meaning as it has in the European Communities (Amendment) Act 1993;]

“foreign aircraft” means an aircraft which is not an Irish aircraft;

“foreign ship” means a ship which is not an Irish ship;

F2[…]

F4[…]

“Irish citizen” means a citizen of Ireland;

“Irish aircraft” means an aircraft registered in the State;

“Irish ship” means a ship registered in the State or a ship which, if not registered in the State or under the law of any other country, is wholly owned by a person qualified to own a ship registered in the State or by persons all of whom are so qualified;

F1["Member State" means a Member State of the European Communities;]

F1["mental incapacity" means, in relation to a person, incapacity by reason of a mental condition to manage and administer the person's affairs;]

F5["the Minister" means the Minister for Justice, Equality and Law Reform;]

“naturalised Irish citizen” means a person who acquires Irish citizenship by naturalisation, whether under this or any other enactment;

F6["non-national" means a person who is not an Irish citizen;]

“prescribed” means prescribed by regulations made by the Minister;

“public service” when used in relation to the employment of a person, refers to employment in the service of the Government, whether or not in the civil service, or in the...