Irish Nationality and Citizenship Act, 1986

• Jurisdiction: Ireland
• Citation: IR No. 23/1986
• Year: 1986

Number 23 of 1986
IRISH NATIONALITY AND CITIZENSHIP ACT, 1986
ARRANGEMENT OF SECTIONS
Section 1. Definition. 2. Amendment of section 7 of Act of 1956. 3. Acquisition of citizenship on marriage. 4. Conditions for issue of certificate. 5. Power to dispense with conditions of naturalisation in certain cases. 6. Amendment of section 17 of Act of 1956. 7. Amendment of section 21 of Act of 1956. 8. Transitional provision. 9. Short title, collective citation and construction.
Act Referred to Irish Nationality and Citizenship Act, 1956 1956, No. 26
Number 23 of 1986
IRISH NATIONALITY AND CITIZENSHIP ACT, 1986
AN ACT TO AMEND AND EXTEND THE IRISH NATIONALITY AND CITIZENSHIP ACT, 1956 . [1st July, 1986]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Definition.	1.—In this Act “the Act of 1956” means the Irish Nationality and Citizenship Act, 1956 .
	Amendment of section 7 of Act of 1956.	2.—Section 7 of the Act of 1956, which relates to formalities to be complied with in certain cases, is hereby amended by the insertion of the following proviso after paragraph (b) of subsection (2):
	“Provided that the citizenship of a person who, after the passing of the Irish Nationality and Citizenship Act, 1986, is registered under section 27 shall commence only as on and from the date of such registration.”.
	Acquisition of citizenship on marriage.	3.—The following section is hereby substituted for section 8 of the Act of 1956:
	“8.—(1) A person who is an alien at the date of that person's marriage to a person who is, or who after the marriage becomes, an Irish citizen (otherwise than by naturalisation or by virtue of this section or section 12) shall not become an Irish citizen merely by virtue of the marriage, but may do so by lodging, not earlier than three years from the date of the marriage or from the date on which the person last mentioned became an Irish citizen (otherwise than as aforesaid), whichever is the later, a declaration in the prescribed manner with the Minister, or with any Irish diplomatic mission or consular office, accepting Irish citizenship as post-nuptial citizenship: provided that—
	(a) the marriage is subsisting at the date of lodgment of the declaration, and
	(b) the couple are living together as husband and wife and the spouse who is an Irish citizen submits an affidavit to that effect when the declaration is being lodged.
	(2) A person who lodges a declaration under subsection (1) shall be an Irish citizen from the date of lodgment.
	(3) A person 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.”.
	Conditions for issue of certificate.	4.—The following section is hereby substituted for section 15 of the Act of 1956:
	“15.—(1) Upon receipt of an application for a certificate of naturalisation, the Minister may, in his absolute discretion, grant the application, if satisfied that the applicant—
	(a) is of full age;
	(b) is of good character;
	(c) has had a period of one year's continuous residence in the State immediately before the date of the application and, during the eight years immediately preceding that period, has had a total residence in the State amounting to four years;
	(d) intends in good faith to continue to reside in the State after naturalisation; and
	(e) has made, either before a Justice of the District Court in open court or in such manner as the Minister, for special...