Irish Nationality and Citizenship Act, 2001

• Jurisdiction: Ireland
• Citation: IR No. 15/2001
• Year: 2001

Number 15 of 2001
IRISH NATIONALITY AND CITIZENSHIP ACT, 2001
ARRANGEMENT OF SECTIONS
Section 1. Definitions. 2. Amendment of section 2 of Act of 1956 (interpretation). 3. Irish citizenship by birth and by descent. 4. Acquisition of citizenship on marriage (repeal and transitional provision). 5. Naturalisation of spouses of Irish citizens. 6. Calculation of period of residence in relation to application for naturalisation. 7. Registry of births abroad. 8. Miscellaneous amendments. 9. Short title, collective citation, construction and commencement.
Acts Referred to Aliens Act, 1935 1935, No. 14 Irish Nationality and Citizenship Act, 1956 1956, No. 26 Irish Nationality and Citizenship Act, 1986 1986, No. 23 Irish Nationality and Citizenship Acts, 1956 to 1994 Refugee Act, 1996 1996, No. 17
Number 15 of 2001
IRISH NATIONALITY AND CITIZENSHIP ACT, 2001
AN ACT TO AMEND AND EXTEND THE IRISH NATIONALITY AND CITIZENSHIP ACTS, 1956 TO 1994.
[5th June, 2001]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Definitions.	1.—In this Act—
	“the Act of 1956” means the Irish Nationality and Citizenship Act, 1956 ;
	“the Act of 1986” means the Irish Nationality and Citizenship Act, 1986 .
	Amendment of section 2 of Act of 1956 (interpretation).	2.—Section 2 of the Act of 1956 is hereby amended by—
	(a) the deletion of the definitions of—
	(i) “alien”,
	(ii) “full age”, and
	(iii) “Ireland”,
	(b) the substitution for the definition of “the Minister” of the following definition:
	“‘the Minister’ means the Minister for Justice, Equality and Law Reform;”,
	(c) the insertion after the definition of “naturalised Irish citizen” of the following definition:
	“‘non-national’ means a person who is not an Irish citizen;”,
	and
	(d) the insertion of the following subsection:
	“(2) In this Act a reference to the island of Ireland includes a reference to its islands and seas.”.
	Irish citizenship by birth and by descent.	3.—(1) The Act of 1956 is hereby amended by the substitution for sections 6 and 7 of the following sections:
“Citizenship by birth in the island of Ireland. 6.—(1) Every person born in the island of Ireland is entitled to be an Irish citizen. (2) (a) Subject to subsections (4) and (5), a person born in the island of Ireland is an Irish citizen from birth if he or she does, or if not of full age has done on his or her behalf, any act which only an Irish citizen is entitled to do. (b) The fact that a person so born has not done, or has not had done on his or her behalf, such an act shall not of itself give rise to a presumption that the person is not an Irish citizen or is a citizen of another country. (3) A person born in the island of Ireland is an Irish citizen from birth if he or she is not entitled to citizenship of any other country. (4) A person born in the island of Ireland— (a) to a non-national who at the time of that person's birth was entitled to diplomatic immunity within the State, or (b) to a non-national on a foreign ship or in a foreign aircraft, shall not be an Irish citizen unless, in the prescribed manner, that person declares, or if not of full age has declared on his or her behalf, that he or she is an Irish citizen; and such person shall be deemed to be an Irish citizen from the date of birth or the date of coming into operation of this section, whichever is the later. (5) A person born in the island of Ireland who has made a declaration of alienage under section 21 shall remain entitled to be an Irish citizen, but shall not be an Irish citizen unless, in the prescribed manner, that person declares that he or she is an Irish citizen; and such person shall be an Irish citizen from the date of the declaration. Citizenship by descent. 7.—(1) A person is an Irish citizen from birth if at the time of his or her birth either parent was an Irish citizen or would if alive have been an Irish citizen. (2) The fact that the parent from whom a person derives citizenship had not at the time of the person's birth done an act referred to in section 6(2)(a) shall not of itself exclude a person from the operation of subsection (1). (3) Subsection (1) shall not confer Irish citizenship on a person born outside the island of Ireland if the parent through whom he or she derives citizenship was also born outside the island of Ireland unless— (a) that person's birth is registered under section 27, or (b) the parent through whom that person derives citizenship was at the time of that person's birth abroad in the public service: Provided that the Irish citizenship of a person who, after 1 July, 1986, is registered under section 27 shall commence only as on and from the date of such registration. (4) Nothing in this section shall confer Irish citizenship on a person not an Irish citizen immediately before its coming into operation, nor deprive of Irish citizenship a person who immediately before its coming into operation was an Irish citizen.”.
	(2) Subsection (2) of section 13 of the Act of 1956 is hereby repealed.
	Acquisition of citizenship on marriage (repeal and transitional provision).	4.—(1) Section 8 of the Act of 1956 is hereby repealed.
	(2) Section 8 (inserted by section 3 of the Act of 1986 and repealed by subsection (1) of this section) of the Act of 1956 shall continue to apply to a person being a non-national who, before the commencement of this section, marries a person who is, or who after the marriage becomes, an Irish citizen (otherwise than by naturalisation or by virtue of section 8 or 12 of the Act of 1956) and who makes a declaration under that section before the expiration of 3 years from such commencement.
	Naturalisation of spouses of Irish citizens.	5.—The following section is hereby inserted after section 15 of the Act of 1956:
	“15A.—(1) Notwithstanding the provisions of section 15, the Minister may, in his or her absolute discretion, grant an application for a certificate of naturalisation to the non-national spouse of an Irish citizen if satisfied that the applicant—
	(a) is of full age,
	(b) is...