Irish Nationality and Citizenship Regulations, 2002

• Jurisdiction: Ireland
• Year: 2002
• Citation: IR SI 567/2002

I, Michael McDowell, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 3 of the Irish Nationality and Citizenship Act 1956 (No. 26 of 1956), make the following regulations: 1. (1) These Regulations may be cited as the Irish Nationality and Citizenship Regulations 2002.

(2) These Regulations come into operation on 30 November 2002.

(3) The Irish Nationality and Citizenship Regulations 1956 ( S.I. No. 216 of 1956 ) other than Regulation 14 thereof (as amended by the Irish Nationality & Citizenship (Fees Regulations 1993 ( S.I. No. 89 of 1993 ) and the Irish Nationality and Citzenship (Fees Regulations 1996 ( S.I. No. 291 of 1996 )), the Irish Nationality and Citizenship Regulations 1986 ( S.I. No. 261 of 1986 ) and the Irish Nationality and Citizenship (Declaration of Citizenship) Regulations 2002 ( S.I. No. 196 of 2002 ) are revoked. 2. (1) In these Regulations, save where the context otherwise requires -

“Act of 1956” means the Irish Nationality and Citizenship Act 1956 (No. 26 of 1956);

“Act of 1986” means the Irish Nationality and Citizenship Act 1986 (No. 23 of 1986);

“Act of 2001” means the Irish Nationality and Citizenship Act 2001 (No. 15 of 2001);

“Minister” means Minister for Justice, Equality and Law Reform.

(2) In these Regulations -

(a) a reference to the Schedule is a reference to the Schedule to these Regulations, and

(b) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment. 3. A declaration of citizenship made by a person under subsection (4)(a) of section 6 (inserted by section 3(1) of the Act of 2001) of the Act of 1956 shall -

(a) if made by a person of full age, be in Form 1 in the Schedule,

(b) if made on behalf of a person not of full age, be in Form 2 in the Schedule. 4. A declaration of citizenship made by a person under subsection (4)(b) of section 6 (inserted by section 3(1) of the Act of 2001) of the Act of 1956 shall -

(a) if made by a person of full age, be in Form 3 in the Schedule,

(b) if made on behalf of a person not of full age, be in Form 4 in the Schedule. 5. A declaration of citizenship made by a person under subsection (5) of section 6 (inserted by section 3(1) of the Act of 2001) of the Act of 1956 shall be in Form 5 in the Schedule. 6. A declaration of citizenship made by a person under subsection (1) of section 8 (inserted by section 3 of the Act of 1986 and repealed by section 4(1) of the Act of 2001) of the Act of 1956 shall be in Form 6 in the Schedule. 7. A declaration of fidelity to the nation and loyalty to the State under paragraph (e) of section 15 (inserted by section 4 of the Act of 1986), or paragraph (i) of section 15A (inserted by section 5 of the Act of 2001), of the Act of 1956 shall be in Form 7 in the Schedule. 8. An application for a certificate of naturalisation under section 17(1) of the Act of 1956 shall -

(a) if made by a person of full age, be in Form 8 in the Schedule,

(b) if made by a naturalised Irish citizen acting on behalf of his or her minor child, be in Form 9 in the Schedule,

(c) if made by a parent or guardian acting on behalf of a minor of Irish descent or Irish associations, be in Form 10 in the Schedule. 9. A certificate of naturalisation granted to a person of full age under section 15 (inserted by section 4 of the Act of 1986), 15A (inserted by section 5 of the Act of 2001) or 16 (inserted by section 5 of the Act of 1986 and amended by section 8(b) of the Act of 2001) of the Act of 1956 shall be in Form 11 in the Schedule. 10. A certificate of naturalisation granted to a minor under section 16 (inserted by section 5 of the Act of 1986 and amended by section 8(b) of the Act of 2001) of the Act of 1956 shall be in Form 12 in the Schedule. 11. A notice of the issue of a certificate of naturalisation under section 18(2) of the Act of 1956 published in Iris Oifigiúil shall be in Form 13 in the Schedule. 12. An annual registration and declaration of intention to retain Irish citizenship under section 19(1)(c) (as amended by section 8(c) of the Act of 2001) of the Act of 1956 shall be in Form 14 in the Schedule and shall be left with, or sent by registered post to, the Secretary General, Department of Justice, Equality and Law Reform, Dublin or the head of an Irish diplomatic mission or consular office. 13. (1) The notice of the Minister's intention to revoke a certificate of naturalisation under section 19(2) of the Act of 1956 shall be given in writing not less than 3 months before the revocation and served personally on the person concerned or sent to him or her by registered post.

(2) An application for an inquiry under section 19(2) of the Act of 1956 shall be made by letter left with, or sent by registered post to, the Secretary General, Department of Justice, Equality and Law Reform, Dublin. 14. A declaration of alienage under section 21(1) (inserted by section 7 of the Act of 1986) of the Act of 1956 shall be in Form 15 in the Schedule and shall be left with, or sent by registered post to, the Secretary General, Department of Justice, Equality and Law Reform Dublin. 15. A declaration under section 6 (inserted by section 3(1) of the Act of 2001), 8 (inserted by section 3 of the Act of 1986 and repealed by section 4(1) of the Act of 2001), 19 (as amended by section 8(c) of the Act of 2001) or 21 (amended by section 7 of the Act of 1986 of the Act of 1956 shall -

(a) if made in the territory of the State, be made before one of the following persons recognised or acting as such within the State:

(i) a notary public,

(ii) a commissioner for oaths,

(iii) a peace commissioner,

(iv) a minister of religion stating his or her denomination and address of place of worship,

(v) a member of Dáil Éireann or Seanad Éireann or a member of the European Parliament for a constituency within the State,

(vi) a member of a local authority for the purposes of the Local Government Act 2001 (No. 37 of 2001),

(vii) a barrister or solicitor,

(viii) a registered medical practitioner for the purposes of the Medical Practitioners Acts 1978 to 2002.

(ix) a qualified teacher who is a member of the teaching staff of a primary or secondary school or a third level institution.

(b) if made in any place other than the territory of the State, be made before one of the following persons:

(i) a person to whom section 5 of the Diplomatic and Consular Officers (Provision of Services) Act 1993 (No. 33 of 1993) applies,

(ii) a notary public,

(iii) any person who is, by the law of the country in which the declaration is made, a commissioner for oaths or other person authorised to take affidavits and for that purpose to administer oaths.

Schedule

FORM-1 IRISH NATIONALITY AND CITIZENSHIP ACT 1956

Declaration of citizenship by a person of full age, born in the island of Ireland, its islands and

seas, to a non-national who at the time of that person's birth was entitled to diplomatic

immunity within the State.

I,............................................................ ...............................................(Name in full)

of............................................................ ............................................................ .....................................(address)

born at............................................................ .................................... (place of birth), a place in the island of Ireland,

its islands and seas on............................................................ .......................................... (date)

and being of full age, hereby declare myself to be an Irish citizen.

Signature............................................................ ..................................

(Mr./Ms.)

Date............................................................ ..........................................

Declared and subscribed before me a............................................................ ............................................* (insert

qualification)

by the person named above who is personally known to me (or, who is identified to me

by............................................................ ............................................................ ............who is personally known to me).

Signature............................................................ ..................................

Address............................................................ .....................

............................................................ ..................

Day-time telephone number............................................................ ...

Date............................................................ ....................

FORM 2 IRISH NATIONALITY AND CITIZENSHIP ACT 1956

Declaration of citizenship on behalf of a person not of full age, born in the island of Ireland,

its island and seas, to a non-national who at the time of that person's birth was entitled to

diplomatic immunity within the State.

I,............................................................ ........................................(name)

of............................................................ ............................................................ .........................................(address)

acting on behalf of ............................................................ ............................................................ ..(name of child in full)

of

............................................................ ............................................................ ............................................................

.(address)

who was born at............................................................ ....... (place of birth of child), a place in the island of...