Irish Nationality and Citizenship Regulations 2011

JurisdictionIreland
CitationIR SI 569/2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 11th November, 2011.

I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by section 3 of the Irish Nationality and Citizenship Act 1956 (No. 26 of 1956) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister Order 2011 ( S.I. No. 138 of 2011 )), with the consent of the Minister for Public Expenditure and Reform, hereby make the following regulations:

1. (1) These Regulations may be cited as the Irish Nationality and Citizenship Regulations 2011.

(2) These Regulations come into operation on 10 November 2011.

2. The following are revoked:

(a) the Irish Nationality and Citizenship Regulations 1956 ( S.I. No. 216 of 1956 );

(b) the Irish Nationality and Citizenship Regulations 2002 ( S.I. No. 567 of 2002 );

(c) the Irish Nationality and Citizenship (Fees) Regulations 2008 ( S.I. No. 294 of 2008 );

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

3. 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);

“Act of 2004” means the Irish Nationality and Citizenship Act 2004 (No. 38 of 2004);

“Act of 2011” means the Civil Law (Miscellaneous Provisions) Act 2011 (No. 23 of 2011);

“surviving civil partner” has the same meaning as it has in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24 of 2010).

4. A declaration of citizenship made by a person under section 6(5) (as amended by section 3(1) of the Act of 2001) of the Act of 1956 shall be in Form 1 in the Schedule.

5. A certificate of naturalisation granted to a person of full age under section 15 (as amended by section 33(b) of the Act of 2011), 15A (as amended by section 33(c) of the Act of 2011) or 16 (as amended by section 33(d) of the Act of 2011) of the Act of 1956 shall be in Form 2 in the Schedule.

6. A certificate of naturalisation granted to a minor under section 15 (as amended by Section 33(b) of the Act 2011) or 16 of the Act of 1956 shall be in Form 3 in the Schedule.

7. 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 4 in the Schedule.

8. 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 5 in the Schedule and shall be left with, or sent by registered post to, the Secretary General, Department of Justice and Equality, Dublin or the head of an Irish diplomatic mission or consular office.

9. (1) A declaration of fidelity to the nation and loyalty to the State under section 15(1)(e) (as amended by section 33(b) of the Act of 2011), or 15A (1)(h) (as amended by section 33(c) of the Act of 2011) of the Act of 1956 shall—

(a) where made in a citizenship ceremony or such other manner as the Minister, for special reasons, allows, be in Form 6 in the Schedule, and

(b) where made before a judge of the District Court in open court, be in Form 7 in the Schedule.

10. An application for a certificate of naturalisation under section 17 (as amended by section 33(e) of the Act of 2011) 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, and

(d) if made by a parent or guardian of, or person who is in loco parentis to, a minor born in the State who did not at birth have an entitlement to Irish citizenship under section 6A (inserted by section 4 of the Act of 2004) of the Act of 1956, be in Form 11 in the Schedule.

11. (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 in Form 12 in the Schedule and shall be served personally on the person concerned or sent to him or her by registered post not less than 3 months before the date of the intended revocation.

(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 and Equality, Dublin.

12. A declaration of alienage under section 21(1) (as amended by section 7 of the Act of 1986) of the Act of 1956 shall be in Form 13 in the Schedule and shall be left with, or sent by registered post to, the Secretary General, Department of Justice and Equality, Dublin.

13. (1) The following fees shall be paid by the applicant:

(a) on the making of an application for a certificate of naturalisation, a fee of €175;

(b) subject to paragraph (2), on the issue of a certificate of naturalisation:

(i) where the application is made on behalf of a minor, a fee of €200;

(ii) where the application is made by a widow or widower whose spouse was, immediately before death, an Irish citizen, and who has not, subsequent to the spouse’s death, remarried or entered into a civil partnership or become a naturalised citizen of a state other than the State, a fee of €200

(iii) where the application is made by a person who is the surviving civil partner of a person who was, immediately before death, an Irish citizen, and who has not, subsequent to the civil partner’s death, entered into a new civil partnership or married or become a naturalised citizen of a state other than the State, a fee of €200;

(iv) in the case of all other applications, a fee of €950.

(2) Notwithstanding subparagraph (b) of paragraph (1), the fee payable under that subparagraph shall be nil, if the application for the certificate concerned is made by or on behalf of a—

(a) person to whom section 16(1)(g) (inserted by section 5 of the Act of 1986) of the Act of 1956 applies, or

(b) programme refugee within the meaning of section 24 (1) of the Refugee Act 1996 (No. 17 of 1996).

14. A declaration under section 6(5) (as amended by section 3(1) of the Act of 2001), 19(1)(c) (as amended by section 8(c) of the Act of 2001) or 21(1) (as 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 within the meaning of the Local Government Act 2001 (No. 37 of 2001);

(vii) a barrister or solicitor;

(viii) a registered medical practitioner within the meaning of section 2 (as amended by section 2 of the Medical Practitioners (Amendment) Act 2011 (No. 12 of 2011)) of the Medical Practitioners Act 2007 ;

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

and

(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 OR SEAS, WHO HAS LODGED A DECLARATION OF ALIENAGE UNDER SECTION 21 OF THE ACT

I,.............. [Name in full]

of.............. [Current address]

[born (please insert your name at birth if different from above) ..............].*

at............................................................ [place of birth], a place in the island of Ireland, its islands and seas, on................................. (date), having previously lodged a declaration of alienage under section 21 of the above Act [in the name (please insert your name as given on your declaration of alienage if different from above)..............................................]*, hereby declare myself to be an Irish citizen.

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

(Mr. / Mrs. / Ms.)

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

Declared and subscribed before me ..............................[name in capitals] a** .....[insert qualification] by.............................[name of applicant]

[who is personally known to me]

Or [who was identified to me by............... who is personally known to me]

Or [whose identity has been established to me before the taking of this declaration by the production to me of:

passport no. . [passport number] issued on [date of issue] by the authorities of . [issuing state], which is an authority recognised by the Irish Government

Or national identity card no. ..[identity card number] issued on [date of issue] by the authorities of [issuing state], which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA agreement

At.....................................[place of signature] this........day of.........[date]

Signature of...

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