Irish Nationality and Citizenship Act, 1956

JurisdictionIreland
CitationIR No. 26/1956


Number 26 of 1956.


IRISH NATIONALITY AND CITIZENSHIP ACT, 1956.


ARRANGEMENT OF SECTIONS

Part I.

PRELIMINARY.

Section

1.

Short title.

2.

Definitions.

3.

Regulations.

4.

Expenses.

5.

Repeals and saving for existing citizenship.

Part II.

CITIZENSHIP.

6.

Irish citizenship by birth or descent.

7.

Formalities to be complied with in certain cases.

8.

Acquisition of citizenship on marriage.

9.

Citizenship of posthumous children.

10.

Citizenship of foundlings.

11.

Citizenship of adopted children.

12.

Grant of citizenship as token of honour.

13.

Citizenship of persons born on ships and aircraft.

Part III.

NATURALISATION.

14.

Certificates of naturalisation.

15.

Conditions for issue of certificate.

16.

Power to dispense with conditions of naturalisation in certain cases.

17.

Form of application.

18.

Effect and operation of certificate of naturalisation.

19.

Revocation of certificates of naturalisation.

20.

Acquisition of citizenship by one of married couple.

Part IV.

LOSS OF CITIZENSHIP.

21.

Renunciation of citizenship.

22.

Non-effect of spouse's death or loss of citizenship on other spouse or children.

23.

Marriage not to effect loss of citizenship.

24.

Loss of citizenship by operation of foreign law under section 21 of Act of 1935.

25.

Preservation of obligations on cesser of citizenship.

Part V.

GENERAL.

26.

Mutual citizenship rights.

27.

Registry of births abroad.

28.

Certificates of nationality.

29.

Extension to all citizens of statutory rights conferred on persons born in Ireland.

30.

Fees payable on declaration.

31.

Collection and disposal of fees.


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


Number 26 of 1956.


IRISH NATIONALITY AND CITIZENSHIP ACT, 1956.


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

Definitions.

2.—In this Act—

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

“alien” means a person who is not an Irish citizen;

“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;

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

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

“full age” means the age of twenty-one years, and upwards;

“Ireland” means the national territory as defined in Article 2 of the Constitution;

“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;

“the Minister” means the Minister for Justice;

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

“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 service of any public corporation or authority maintained wholly or partly out of public funds or in respect of which a Minister of State is responsible.

Regulations.

3.—(1) The Minister may make regulations in relation to any matter or thing referred to in this Act as prescribed or to be prescribed, but no such regulation shall be made in relation to the amount or collection of fees without the consent of the Minister for Finance.

(2) Every regulation made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the regulation is passed by either House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Expenses.

4.—All expenses incurred by the Minister or by the Minister for External Affairs in carrying this Act into effect shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Repeals and saving for existing citizenship.

5.—(1) The Irish Nationality and Citizenship Act, 1935 (No. 13 of 1935), and the Irish Nationality and Citizenship (Amendment) Act, 1937 (No. 39 of 1937), are hereby repealed.

(2) Every person who, immediately before the passing of this Act, was a citizen of Ireland shall remain an Irish citizen, notwithstanding the foregoing repeals.

PART II.

Citizenship.

Irish citizenship by birth or descent.

6.—(1) Every person born in Ireland is an Irish citizen from birth.

(2) Every person is an Irish citizen if his father or mother was an Irish citizen at the time of that person's birth or becomes an Irish citizen under subsection (1) or would be an Irish citizen under that subsection if alive at the passing of this Act.

(3) In the case of a person born before the passing of this Act, subsection (2) applies from the date of its passing. In every other case, it applies from birth.

(4) A person born before the passing of this Act whose father or mother is an Irish citizen under subsection (2), or would be if alive at its passing, shall be an Irish citizen from the date of its passing.

(5) Subsection (1) shall not confer Irish citizenship on the child of an alien who, at the time of the child's birth, is entitled to diplomatic immunity in the State.

Formalities to be complied with in certain cases.

7.—(1) Pending the re-integration of the national territory, subsection (1) of section 6 shall not apply to a person, not otherwise an Irish citizen, born in Northern Ireland on or after the 6th December, 1922, unless, in the prescribed manner, that person, if of full age, declares himself to be an Irish citizen or, if he is not of full age, his parent or guardian declares him to be an Irish citizen. In any such case, the subsection shall be deemed to apply to him from birth.

(2) Neither subsection (2) nor (4) of section 6 shall confer Irish citizenship on a person born outside Ireland if the father or mother through whom he derives citizenship was also born outside Ireland, unless—

(a) that person's birth is registered under section 27, or

(b) his father or mother, as the case may be, was at the time of his birth resident abroad in the public service.

Acquisition of citizenship on marriage.

8.—(1) A woman who is an alien at the date of her marriage to a person who is an Irish citizen (otherwise than by naturalisation) shall not become an Irish citizen merely by virtue of her marriage, but may do so by lodging a declaration in the prescribed manner with the Minister, or with any Irish diplomatic mission or consular office, either before or at any time after the marriage accepting Irish citizenship as her post-nuptial citizenship.

(2) A woman who lodges a declaration under subsection (1) shall be an Irish citizen from the date of her marriage, if the declaration was lodged before the marriage, or if lodged thereafter, then from the date of lodgment.

(3) A woman who, before the passing of this Act, married a person who was an Irish citizen (otherwise than by naturalisation) and became a naturalised Irish citizen shall be deemed to have lodged a declaration under subsection (1) on the passing of this Act and thereafter shall be an Irish citizen by virtue thereof and not by naturalisation.

Citizenship of posthumous children.

9.—A child born posthumously whose father was on the date of his death an Irish citizen shall acquire Irish citizenship under this Act on the same conditions as if his father were alive when he was born.

Citizenship of foundlings.

10.—Every deserted infant first found in the State shall, unless the contrary is proved, be deemed to have been born in Ireland.

Citizenship of adopted children.

11.—(1) Upon an adoption order being made, under the Adoption Act, 1952 (No. 25 of 1952), in a case in which the adopter or, where the adoption is by a married couple, either spouse is an Irish citizen, the adopted child, if not already an Irish citizen, shall be an Irish citizen.

(2) Section 25 of the Adoption Act, 1952 , is hereby repealed.

Grant of citizenship as token of honour.

12.—(1) The President may grant Irish citizenship as a token of honour to a person or to the child or grandchild of a person who, in the opinion of the Government, has done signal honour or rendered distinguished service to the nation.

(2) A certificate of Irish citizenship shall be issued to the person to whom Irish citizenship is so granted and he shall, from the date of the certificate, be an Irish citizen.

(3) Notice of the issue of the certificate of citizenship shall be published as...

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