Irish Nationality and Citizenship (Amendment) Regulations, 2011

Publication Date:January 01, 2011
 
FREE EXCERPT

S.I. No.284of2011

IRISH NATIONALITY AND CITIZENSHIP (AMENDMENT) REGULATIONS 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)), hereby make the following regulations:

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

(2) These Regulations come into operation on 24 June 2011.

2. In these Regulations, "Principal Regulations" means the Irish Nationality and Citizenship Regulations 2002 (S.I. No. 567 of 2002).

3. The Principal Regulations are amended¬

(a) by substituting the following Regulation for Regulation 7:

"7. A declaration of fidelity to the nation and loyalty to the State under section 15(1) (e) (inserted by section 4 of the Act of 1986), or section 15A (1) (i) (inserted by section 5 of the Act of 2001), of the Act of 1956 shall¬

(a) where made before a Judge of the District Court in open court, be in Form 7 in the Schedule, or

(b) where made in such other manner as the Minister, for special reasons, allows, be in Form 7A in the Schedule.",

(b) by substituting the following Regulation for Regulation 8:

"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 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 Irish Nationality and Citizenship Act 2004 (No. 38 of 2004)) of the Act of 1956, be in Form 8A in the Schedule,

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

(d) 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.",

(c) by substituting the following paragraph for paragraph (1) of Regu-lation 13:

"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 in Form 16 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.",

and

(d) in the Schedule, by substituting Form 5, Form 7, Form 7A, Form 8, Form 8A, Form 9, Form 10, Form 11, Form 12, Form 13, Form 14, Form 15 and Form 16 in the Schedule to these Regulations for Form 5, Form 7, Form 8, Form 9, Form 10, Form 11, Form 12, Form 13, Form 14 and Form 15.

SCHEDULE

FORM 5

IRISH NAT10NALITY 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) 1.*

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./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 declar-ation 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

Or aliens passport no. (document equivalent to a passport) [passport number] issued on . [date of issue] by the authorities of .. [issuing state],which is an authority recognised by the Irish government

Or refugee travel document no. .. [document number] issued on .. [date of issue] by the Minister for Justice and Equality

Or travel document (other than refugee travel document) [document number] issued on .. [date of issue] by the Minister for Justice and Equality].

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

Signature of witness: .. Name of witness: (capitals) Address of witness: . Day-time telephone number: ..

FORM 7

IRISH NATIONALITY AND CITIZENSHIP ACT 1956

DECLARATION OF FIDELITY TO THE NATION AND LOYALTY TO THE STATE

I,

(name in full)

of ..

having applied to the Minister for Justice and Equality for a certificate of natu-ralisation, hereby solemnly declare my fidelity to the Irish nation and my loyalty to the State.

Signature ..

Date ..

*Declared and subscribed before me in open court by the above-named person.

Signature .. Judge of the District Court.

*Endorsement if declaration made in open court.

FORM 7A

IRISH NATIONALITY AND CITIZENSHIP ACT 1956

DECLARATION OF FIDELITY TO THE NATION AND LOYALTY TO THE STATE

I .

(name in full)

of ..

having applied to the Minister for Justice and Equality for a certificate of natu-ralisation, hereby solemnly declare my fidelity to the Irish nation and my loyalty to the State.

Signature ..

Date .

Declared and subscribed before me by the above-named person.

Signature .. Person authorised by the Minister for Justice and Equality to witness declarations of fidelity to the Irish nation and loyalty to the State.

Date

FORM 8

IRISH NATIONALITY AND CITIZENSHIP ACT 1956

APPLICATION BY A PERSON OF FULL AGE FOR NATURALISATION AS AN IRISH CITIZEN

Please note before completing the form:

Ensure that the information you provide is true and correct.

Section 29A of The Irish Nationality and Citizenship Act 1956, as amended pro-vides that a person who knowingly or recklessly makes a declaration under this Act, or a statement for the purposes of any application under this Act that is false or misleading in any material respect, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months, or to both, or on conviction on indictment to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years, or to both.

A certificate of naturalisation may be revoked if the certificate was procured by fraud, misrepresentation, (whether innocent or fraudulent), or concealment of material facts or circumstances.

1. Name

1.1 Current given/first name: .

1.2 Current family/last name: .

1.3 Previous name(s): .

1.4 Reason for change: .

1.5 Date of change to present name: .

2. Identification

2.1 Place of birth: .

2.2 Country of birth: .

2.3 Date of birth: .

2.4 Gender: male / female

2.5 Present nationality: .

2.6 Your PPS number: .

(If a personal public service number has been allocated to you)

2.7 Your GNIB number: .

2.8 Your Immigration reference number: .

3. Residential address

3.1 Present address: .

3.2 Email address: .

3.3 Daytime telephone number: .

3.4 Evening telephone number: .

3.5 Mobile number: .

4. Previous addresses

Please provide details of your previous addresses for the past 9 years, both in the State and abroad, starting with the most recent one:

Address . Country From . To .

5. Residency permissions

5.1 Date of arrival in Ireland: .

5.2 Passport number: .

5.3 Statutory residency conditions are prescribed in Section 15 and Section 15A of the 1956 Act and compliance with these conditions is assessed on the basis of your legal reckonable residence immediately prior to the date of application i.e. the date you sign the statutory declaration at the end of this form.

A residency calculator is provided on the citizenship section at http:llwww.inis.gov.ie as a guide to assist you in checking if you satisfy the statu-tory conditions for residency. You should enter your permissions as evidenced in your passport and verify that you satisfy residency requirements.

Please print a copy of the report and include it with your application or, alternatively, please provide details of your stamps below:

Stamp valid from . Stamp valid to .. Stamp type Total days .

5.4 Was any part of your time in the State in the nine years prior to your application for the purposes of study? Yes / No

If any of your time in the State in the nine years prior to your application was for study purposes please complete the details below:

From .. To .. Name and address of school/college/university .

5.5 Was any part of your time in the State in the nine years prior to your application spent as an asylum seeker? Yes / No

If any part of your time in the State in the nine years prior to your application was spent as an asylum seeker please complete the details below:

From .. To . Outcome . Reference number

6. Residence following naturalisation

6.1 Do you intend, following naturalisation, to have your usual or principal place of residence in the State? Yes / No

6.2 If you are married to an Irish citizen, do you intend, following naturalisation, to have your usual or principal residence in the island of Ireland? Yes / No / Not applicable

6.3 If you answered no to question 6.1 or 6.2 please indicate your intended country of residence following naturalisation: .

7. Marital status

7.1 Are you:

Single / Married / Separated / Divorced / Widowed

If you are currently married please complete the details below:

7.2 Full name of spouse: .

7.3 Spouse's date of birth: .

7.4 Spouse's place & country of birth: .

7.5 Spouse's nationality: .

7.6 Spouse's present address: .

7.7 Your civil status at the time of marriage:...

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