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Citizenship Application: NI resident, what happens after DAT1 / PSNI clearance?

Forum to discuss all things Blarney | Ireland immigration

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chriswickstead
Newbie
Posts: 44
Joined: Mon Sep 27, 2021 8:50 am
European Union

Re: Citizenship Application: NI resident, what happens after DAT1 / PSNI clearance?

Post by chriswickstead » Thu Jun 13, 2024 11:41 am

Hi razzle_dazzle,

I read somewhere that if you are not living in the state (ROI), that you have to renew your intention to keep your Irish citizenship EVERY YEAR? - a process that entails having to go to an Irish Embassy to get it done. Do you know if that applies if you live in Northern Ireland?

I don't believe this applies to people who obtained Irish citizenship on the basis of being married to an Irish citizen spouse. In that case it is living outside (the island of) Ireland, as opposed to the 'State' i.e. Republic where the annual confirmation would be required.

It would be a bit nonsensical to say you met the residence requirements through living in NI, but then immediately are considered to be 'abroad' once you get the citizenship.

Here is an excerpt from the relevant form (https://www.irishimmigration.ie/wp-cont ... uly-22.pdf):

"This form is only for naturalised Irish citizens residing abroad, who were not granted a
certificate of naturalisation as a person of Irish descent or associations.
Section 19 (1) (c) of the Irish Nationality and Citizenship Act 1956, as amended, provides that
the Minister for Justice and Equality may revoke a certificate of naturalisation if he is satisfied
that (except in the case of a certificate of naturalisation which is issued to a person of Irish
descent or associations) the person to whom it is granted has been ordinarily resident outside
the State or, in the case of an application for a certificate of naturalisation granted under section
15A, resident outside the island of Ireland
(otherwise than in the public service) for a continuous
period of seven years and without reasonable excuse has not during that period registered
annually in the prescribed manner (using this form) his/her name and a declaration of his/her
intention to retain Irish citizenship with an Irish diplomatic mission or consular office or with the
Minister"


Where Section 15A of the 1956 Act sets out the conditions that apply where the application is based on being the spouse or civil partner of an Irish citizen.

Also on the question of obtaining other citizenships after being naturalised as Irish...again I don't think this is an issue for naturalised spouses of Irish citizens based in NI obtaining UK citizenship on the basis of being married to that same person and resident in UK, specifically Northern Ireland:

https://www.irishimmigration.ie/wp-cont ... ersion.pdf

Irish Nationality and Citizenship Act 1956
Revocation of certificates of naturalisation.
19.—(1) The Minister may revoke a certificate of naturalisation if he is satisfied—
(a) that the issue of the certificate was procured by fraud, misrepresentation whether innocent or
fraudulent, or concealment of material facts or circumstances, or
(b) that the person to whom it was granted has, by any overt act, shown himself to have failed in
his duty of fidelity to the nation and loyalty to the State, or
(c) 45 that (except in the case of a certificate of naturalisation which is issued to a person of Irish
descent or associations) the person to whom it is granted has been ordinarily resident
outside the State or, in the case of an application for a certificate of naturalisation granted
under section 15A, resident outside the island of Ireland (otherwise than in the public
service) for a continuous period of seven years and without reasonable excuse has not
during that period registered annually in the prescribed manner his name and a declaration
of his intention to retain Irish citizenship with an Irish diplomatic mission or consular office
or with the Minister, or
(d) that the person to whom it is granted is also, under the law of a country at war with the State, a
citizen of that country, or
(e) that the person to whom it is granted has by any voluntary
46
act, other than marriage or entry
into a civil partnership, acquired another citizenship
.


A natural reading (to me) of part (e) is that it means acquiring another citizenship after a certificate of naturalisation has been issued. And that if someone in NI obtained UK citizenship after specifically through marriage they would be covered by this exemption stated in part (e) above. Although i am willing to be corrected on this if anyone has more concrete knowledge on this Revocation section.

meself2
Moderator
Posts: 3439
Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: Citizenship Application: NI resident, what happens after DAT1 / PSNI clearance?

Post by meself2 » Sat Jun 15, 2024 5:25 pm

chriswickstead wrote:
Thu Jun 13, 2024 11:41 am
I don't believe this applies to people who obtained Irish citizenship on the basis of being married to an Irish citizen spouse.
It does still apply, but it's "island of Ireland", so as long as OP is in NI, they're fine. If they leave, then yeah, it's a 7 year countdown.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

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