Irish passport query

JandL · Post by **JandL** » Sat Jul 04, 2009 3:57 pm

Can a non-eu spouse married to Irish citizen get an Irish passport?

Post by **Obie** » Sat Jul 04, 2009 4:08 pm

It depends. If the Irish spouse is a naturalise citizen (naturalise after the marriage), it will have to be 3 years after the spouse naturalise before the non-eu spouse will qualify.
The non-EU spouse would have to be living in the Island of Ireland for at least 3 years, 2 of which should be in the Republic.

If the spouse is an Irish citizen before the marriage, then he/she qualifies 3 years after the marriage

JandL · Post by **JandL** » Sat Jul 04, 2009 4:18 pm

Hi Obie, thanks for your prompt reply. My husband is an Irish native (born & bred). Does it mean I need to wait til we are married for 3 years before I apply for for Irish passport? Will my citizenship remains the same though I got my Irish passport? Does this mean I can apply for Irish passport without being applying for citizenship first?

sideshowsue · Post by **sideshowsue** » Sat Jul 04, 2009 4:33 pm

You don't have an automatic right to Irish nationality even though you are married to an Irish national. You must apply for Irish naturalisation and be granted citizenship before you can apply for an Irish passport. In your case, this requires 1.) being married to your Irish spouse for at least 3 years and 2.) and that you have resided in Ireland for at least 2 of the last 4 years, with one year of continuous residence preceding the date of your application.

Processing times are a complete lottery, but expect at least 2 years (from the date of your application) to receive a decision from the minister.

JandL · Post by **JandL** » Sat Jul 04, 2009 4:51 pm

Thank you for that sideshowsue. So all in all I need to wait for 5 years for my citizenship and then I can apply for Irish passport plus 2 years maximum for decision. All in all 7!

sideshowsue · Post by **sideshowsue** » Sat Jul 04, 2009 5:11 pm

JandL wrote:Thank you for that sideshowsue. So all in all I need to wait for 5 years for my citizenship and then I can apply for Irish passport plus 2 years maximum for decision. All in all 7!

Um, no. Have a look here: http://www.inis.gov.ie/en/INIS/Pages/WP07000120#5

Once you fulfill the requirements listed on the link, you can then submit an application for naturalisation. Average processing times are said to be about two years (yeah, right--but apparently speedier for spouses of Irish nationals).

If your application is approved, you will then need to pay the fee, take the oath etc., and then you will receive a naturalisation certificate. Once you have the certificate, you can then apply for a passport.

So: 1.) Fulfill marriage and residency requirements. 2.) Submit your application for naturalisation. 3.) Wait. 4.) Wait. 5.) Wait some more. 6.) Decision is reached. If YES> certificate>passport>YAY!! If NO>

I don't know how long you've been married or how long you've resided in Ireland, so assuming this is your first year of marriage and your first year of residency in Ireland, it'll be a minimum of 5 years before you can hope to be naturalised.

Post by **JAJ** » Sat Jul 25, 2009 5:33 pm

Obie wrote:It depends. If the Irish spouse is a naturalise citizen (naturalise after the marriage), it will have to be 3 years after the spouse naturalise before the non-eu spouse will qualify.
The non-EU spouse would have to be living in the Island of Ireland for at least 3 years, 2 of which should be in the Republic.

If the spouse is an Irish citizen before the marriage, then he/she qualifies 3 years after the marriage

No longer possible to qualify based on marriage alone.

Ben · Post by **Ben** » Sat Jul 25, 2009 5:43 pm

Obie wrote:The non-EU spouse would have to be living in the Island of Ireland for at least 3 years, 2 of which should be in the Republic.

Not so.

CitizensInformation.ie wrote:If you are the spouse of an Irish citizen who is applying for Irish citizenship you must meet the following conditions:

* You must be married to the Irish citizen for at least 3 years
* You must have had a period of 1 year's continuous "reckonable residence" in the island of Ireland immediately before the date of your application
* You must have been living on the island of Ireland for at least 2 of the 4 years before that year of continuous residence
* Your marriage must be recognised as valid under Irish law
* You and your spouse must be living together as husband and wife
* You must be of full age, good character and intend to continue to live on the island of Ireland
* You must have made a declaration of fidelity to the nation and loyalty to the State.

Southern_Sky · Post by **Southern_Sky** » Sat Jul 25, 2009 5:44 pm

JAJ wrote:
Obie wrote:It depends. If the Irish spouse is a naturalise citizen (naturalise after the marriage), it will have to be 3 years after the spouse naturalise before the non-eu spouse will qualify.
The non-EU spouse would have to be living in the Island of Ireland for at least 3 years, 2 of which should be in the Republic.

If the spouse is an Irish citizen before the marriage, then he/she qualifies 3 years after the marriage
No longer possible to qualify based on marriage alone.

Declaration of Post-Nuptial Citizenship
http://www.inis.gov.ie/en/INIS/Pages/WP07000045

Ben · Post by **Ben** » Sat Jul 25, 2009 5:46 pm

Southern_Sky wrote:
JAJ wrote:
Obie wrote:It depends. If the Irish spouse is a naturalise citizen (naturalise after the marriage), it will have to be 3 years after the spouse naturalise before the non-eu spouse will qualify.
The non-EU spouse would have to be living in the Island of Ireland for at least 3 years, 2 of which should be in the Republic.

If the spouse is an Irish citizen before the marriage, then he/she qualifies 3 years after the marriage
No longer possible to qualify based on marriage alone.
Declaration of Post-Nuptial Citizenship
http://www.inis.gov.ie/en/INIS/Pages/WP07000045

CitizensInformation.ie wrote:Up to 29 November 2005, it was possible to become an Irish citizen by making a post-nuptial declaration of citizenship (pdf) but this scheme has now ended.

http://www.inis.gov.ie/en/INIS/Pages/WP07000045 wrote:The Post-Nuptial citizenship provision has now ceased. No declaration lodged after 29th November, 2005 will be accepted under any circumstances.

ciaramc · Post by **ciaramc** » Sun Jul 26, 2009 11:07 am

Ok so can I give a quick example? And maybe Benifra or any of the other members can explain it?

Ok I (Irish Citizen) Husband (Non-EU visa required)
Married 3 and a half years? Never resided on the Island of Ireland?
Ok so move to Ireland? we have to wait 2?3?4? years?

sideshowsue · Post by **sideshowsue** » Sun Jul 26, 2009 11:22 am

ciaramc wrote:Ok so can I give a quick example? And maybe Benifra or any of the other members can explain it?

Ok I (Irish Citizen) Husband (Non-EU visa required)
Married 3 and a half years? Never resided on the Island of Ireland?
Ok so move to Ireland? we have to wait 2?3?4? years?

If you've already been married for over 3 years and then take up residency in Ireland, the spouse can apply for naturalisation after living in Ireland for 2 full years.

ciaramc · Post by **ciaramc** » Sun Jul 26, 2009 11:27 am

Thanks sideshow... I was confusing myself reading the information regarding citizenship!

Ben · Post by **Ben** » Sun Jul 26, 2009 11:58 am

sideshowsue wrote:the spouse can apply for naturalisation after living in Ireland for 2 full years.

Hi Sue.

This is incorrect. Please see below:

CitizensInformation.ie wrote:If you are the spouse of an Irish citizen who is applying for Irish citizenship you must meet the following conditions:

* You must be married to the Irish citizen for at least 3 years
* You must have had a period of 1 year's continuous "reckonable residence" in the island of Ireland immediately before the date of your application
* You must have been living on the island of Ireland for at least 2 of the 4 years before that year of continuous residence
* Your marriage must be recognised as valid under Irish law
* You and your spouse must be living together as husband and wife
* You must be of full age, good character and intend to continue to live on the island of Ireland
* You must have made a declaration of fidelity to the nation and loyalty to the State.

ciaramc · Post by **ciaramc** » Sun Jul 26, 2009 12:12 pm

So it's three years right?
One year reckonable residence before application and at least 2 of the previous 4 years prior to application? Can one of those 2 years not count as the 1 year reckonable residence?

sideshowsue · Post by **sideshowsue** » Sun Jul 26, 2009 12:22 pm

Sorry for the error. It's truly a case of the official informational guidelines being more of a hindrance than a help to prospective applicants.

I don't understand why they didn't just say that an applicant must demonstrate a reckonable residence of 3 out of the last 4 years, with a continuous, uninterrupted year of residence immediately preceding the application.

Ben · Post by **Ben** » Sun Jul 26, 2009 12:31 pm

sideshowsue wrote:I don't understand why they didn't just say that an applicant must demonstrate a reckonable residence of 3 out of the last 4 years, with a continuous, uninterrupted year of residence immediately preceding the application.

Because making things transparent and easy to understand would be extremely out of character for the government and it's agencies.

Post by **Obie** » Sun Jul 26, 2009 12:37 pm

ciaramc wrote:So it's three years right?
One year reckonable residence before application and at least 2 of the previous 4 years prior to application? Can one of those 2 years not count as the 1 year reckonable residence?

I don't think it can. It has to be 3 years of resident, with the last of the 3 years being a continuous uninterrupted residence.

ciaramc · Post by **ciaramc** » Sun Jul 26, 2009 1:00 pm

Yeah thanks Obie just what I thought! So it's like what I said at the start.....3 years continous residence on the Island of Ireland.

Post by **Obie** » Sun Jul 26, 2009 1:46 pm

ciaramc wrote:Yeah thanks Obie just what I thought! So it's like what I said at the start.....3 years continous residence on the Island of Ireland.

That's right Ciaramc. I think that four years thing is aimed at confusing people.

ciaramc · Post by **ciaramc** » Sun Jul 26, 2009 5:02 pm

Another question....I see it says Reckonable residence on the Island of Ireland? I assume this includes Northern Ireland? Or no?

So if I was to enter northern Ireland with a Family permit, as a spouse of an Irish citizen and three years later applied for citizenship? Can you does this if you enter under EU law?

Post by **JAJ** » Sun Jul 26, 2009 5:09 pm

ciaramc wrote:Another question....I see it says Reckonable residence on the Island of Ireland? I assume this includes Northern Ireland? Or no?

"island of Ireland" = includes Northern Ireland.

So if I was to enter northern Ireland with a Family permit, as a spouse of an Irish citizen and three years later applied for citizenship? Can you does this if you enter under EU law?

The law as it's structured, does not require you have a particular immigration status other than specified exceptions, for example, student or unlawful.

Ben · Post by **Ben** » Sun Jul 26, 2009 5:22 pm

As JAJ said.

Ciara, there is a user on this forum called yankeegirl. IIRC, she as a US citizen married to an Irish citizen. They are both resident in Northern Ireland, and she has a Residence Card. I believe she applied for naturalisation as an Irish citizen, following 3 years of residence in NI.

ciaramc · Post by **ciaramc** » Sun Jul 26, 2009 5:24 pm

Yeah I have read yankeegirls posts....it's good to know!

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Irish passport query

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