System Improvements for Irish Naturalisation Applicants

Recent amendments to the Irish Nationality and Citizenship Act 1956 have been roundly welcomed in the context of the naturalisation process in Ireland. These changes were introduced against the backdrop of 4,000 individuals being welcomed as Irish citizens and their contributions to Irish life celebrated across two ceremonies in Killarney earlier this year. These new citizens represent a small part of a growing number of persons interested in and eligible for Irish citizenship by naturalisation.

However, the process of becoming an Irish citizen is not always straightforward, seamless or quick. Following the start of the COVID-19 pandemic, applicants were sometimes waiting for decisions for up to one year and, in certain cases, even up to three years after applying. Guidance on required documentation was historically under-defined or unduly onerous. Further, some interested parties were unable to apply due to strict rules regarding time spent outside of Ireland.

During the COVID-19 pandemic, applicants saw wait times increase significantly, and a large backlog of applications arose. With more than 30,000 applications currently under consideration, the Department of Justice has been working on ways to expedite and standardise the application process.

Introduction of e-vetting

It is a requirement for all applicants for naturalisation to prove that they are of good character. In satisfaction of this requirement, applicants must undergo a vetting process, i.e., the process through which all applicants must provide a full record of offences, regardless of how long ago or where offences occurred. This information is then verified by law enforcement agencies.

The changes have included the introduction of electronic vetting (e-vetting), which moves this process entirely online. By moving this portion of the application online and placing it at an earlier stage in the process, it has significantly shortened wait times, greatly improving the applicant experience.

Simplification of documentation requirements

The Department of Justice has also reduced the amount of documentation needed to prove residence in Ireland, and now only requires certified copies of certain documents, rather than originals.

For example, an original passport or birth certificate no longer needs to be submitted; instead, a certified copy of these documents is now accepted. This means that applicants no longer face an uncertain period without their original, important personal documents. 

Clarity and extension of time spent outside the State

A major problem facing naturalisation applicants has been the strict eligibility rules around time spent outside Ireland in the year immediately prior to applying and the need to travel for unavoidable work or family reasons.

Naturalisation requires ‘continuous’ residence in Ireland in the year prior to the application being made. Many applicants in this situation found themselves in breach of the former residence requirement, with the authorities finding any absence greater than six weeks in this period to break continuous residence.

Recent amendments to the Act mean that applicants can now be absent from Ireland for up to 70 days in the year prior to making an application while still being considered a continuous resident.

Crucially, there is also scope for an additional 30 days in the same year for exceptional circumstances, including family, health and work-related reasons. This will be of particular benefit to those who are required to travel frequently for work or who may be affected by unforeseen personal events.

Reduced residency requirement for some children born in Ireland

Since 2005, children born in Ireland are no longer automatically Irish citizens, unless they are born to an Irish parent or other foreign national, in some limited circumstances.  

Where not automatically eligible for citizenship, children could always apply for naturalisation, subject to meeting certain conditions. The Act has been amended to allow for more favourable conditions in the context of some child applicants born in Ireland who do not automatically qualify for Irish citizenship.

Such children may now apply for naturalisation where their parents can demonstrate three years of reckonable residence, thereby shortening the length of residency needed as compared to the previous provisions contained within the Act.  

Looking ahead

While the changes and improvements to the application process that have been implemented so far are welcome, areas requiring more guidance remain, some of which are outlined below.

Residence condition in the year preceding the final year before applying

Amendments related to the physical residence condition in the Act relate solely to the year before an application is made. No further guidance is available in relation to the other years upon which an applicant intends to rely for the purposes of satisfying this condition. The amount of time one can spend outside of Ireland in the years leading up to the final year therefore appears to remain somewhat discretionary.

While this adds a layer of complexity to all applications, it allows greater flexibility compared to the limits applied to the final year prior to application. Fragomen can assist in navigating this somewhat undefined aspect of the application.    

Young adult dependents

Clarity is also needed regarding young adult dependents, those aged 18-23, who are relying on their parents’ residence to qualify for naturalisation. As a residence permit is not yet required for those under 16 years of age, these young applicants can find themselves in difficulty when it comes to proving their five years’ physical residence in Ireland.

The recently issued guidance document provides greater clarity on the documents required for non-dependent adults, but it does not include a list of documentation accepted in the context of applications submitted by dependent 18-23-year-olds.

Some guesswork therefore still applies here. However, Fragomen practitioners have had substantial experience with such applications and can therefore guide applicants on essential documents for these dependents.

Benefits of Irish citizenship

As an Irish citizen, one will be fully entitled to hold an Irish passport and to live and work in Ireland. Being a citizen eliminates the need to continually renew an immigration status, giving individuals stability and comfort.

It makes travel to, from and within Ireland, the UK, the European Union and the wider European Economic Area (EEA) and Switzerland easier. It also gives workers the ability to move jobs with limited restrictions within these regions.  

Irish citizenship gives unique access to both the EEA and the UK – something that is open to no other nationality. Naturalised citizens may also pass their citizenship on to their children.

Need to know more?

For further information on citizenship by naturalisation requirements, please contact our Dublin Personal Immigration Services team at [email protected]. While lengthy and complex, the Irish citizenship by naturalisation process can be successfully navigated with the help of Fragomen’s experienced practitioners.

This blog was published on 28 September 2023, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.