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Satisfy the conditions for citizenship on the basis of marriage to Irish Citizen?ImmigrationLawyer wrote:Depends which was later. Can be stamp 1, 3, or 4.
POLICY FROM INIS WEBSITE:
Naturalisation of spouses of Irish citizens.
If you are married to an Irish citizen and living in the island of Ireland, you may meet special conditions for naturalisation based on that marriage if:
â—¦you are of full age (i.e. eighteen years or older, or married if younger than eighteen)
â—¦you are of good character
â—¦you are married to your Irish citizen spouse for a period of not less than 3 years,
â—¦your marriage is recognised under the laws of the State as subsisting,
â—¦you and your Irish citizen spouse are living together as husband and wife and your Irish spouse submits to the Minister an affidavit in the prescribed form to that effect,
◦you have had immediately before the date of the application a period of one year’s continuous residence in the island of Ireland, and
â—¦you have had, during the 4 years immediately preceding that period, a total residence in the island of Ireland amounting to 2 years,
â—¦you intend in good faith to continue to reside in the island of Ireland after naturalisation and
â—¦you make a declaration of fidelity to the nation and loyalty to the State (see below for the point in the process at which this is required).
So, for example say you got your stamp in 2006, married in May 2008, and then your husband got naturalisation after that, say in 2010, I think you should satisfy the provision.
The INIS does not mention that this 3 year rule applies before naturalization or after. Given the fact that a person acquires citizenship he/she is irish national and his/her spouse should be entitled to apply if 3 years of marriage has already been elapsed.ImmigrationLawyer wrote:I'm sure I've done these applications before (where the spouse didn't have the Naturalisation Cert for 3 years) and they've been successful, but I'll have to check.
So are you going to apply for your spouse?bambay bambi wrote:Rules
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
The above are some of the conditions one must fulfil before applying for naturalisation. My question is this:
In the event where a non EEA gets married to an EU who became an Irish about 2years after their marriage, does the non EEA have to complete the 5years waiting time before applying for naturalisation or is he eligible to apply after 3years from the said marriage, given that his spouse is Irish at the time of his application eventhough she wasn't Irish at the time of marriage?
You have hit the nail on the head there.alpha_1 wrote:The INIS does not mention that this 3 year rule applies before naturalization or after. Given the fact that a person acquires citizenship he/she is irish national and his/her spouse should be entitled to apply if 3 years of marriage has already been elapsed.ImmigrationLawyer wrote:I'm sure I've done these applications before (where the spouse didn't have the Naturalisation Cert for 3 years) and they've been successful, but I'll have to check.
If we further look what is the logic behind this 3 year rule? I believe its to establish that both are living together for some time and to establish its not "SHAM MARRIAGE". I suppose if the couple have had 1 or more kids then this should strengthen the case as well to establish that there is not any ill intention.