Naturalisation.

[bambay bambi]

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?

[fatty patty]

It is counted as per the stamp in ones passport, if it is the spouse of Irish Stamp 4 then 3 years, but if you have Stamp 4EUFAM it is 5 years. Now as you said that the spouse is now Irish you can go and get the stamp changed to spouse of Irish if you like but the 3 year counting will start from the day in change of status IMHO.

[assbc]

Will the spouse of Irish Citizenship Application be due on the date of MARRIAGE or date of STAMP4?

[ImmigrationLawyer]

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.

[walrusgumble]

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.

Satisfy the conditions for citizenship on the basis of marriage to Irish Citizen?

You need 3 years. How can the op have meet the conditions when the spouse only became an Irish Citizen - and thus changed the basis of her own Legal Status in Ireland, in 2010.?

There is no point in trying to twist the words on the legislation. It was writen years ago, clearly in a time that did not deal with naturalised citizens. The provision clearly requires one to be married to an IRISH Citizen and reside in Ireland for 3 years on the basis of marriage to Irish citizen.

5 year basis, yes that is about rights

[ImmigrationLawyer]

Well, try it, but I'm pretty sure he will qualify.

[walrusgumble]

Well, try it, but I'm pretty sure he will qualify.

Explain. I do see the potential in an argument in favour of an applicant. But since you brought it up, explain yourself

[ImmigrationLawyer]

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.

[alpha_1]

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.

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.

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.

[alpha_1]

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?

So are you going to apply for your spouse?

[walrusgumble]

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.

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.

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.

You have hit the nail on the head there.

I see where Lawyer is getting at, particularily the literal wording of the act, and the fact that a minister may waive any requirement. One example is a worthy punt would be where this poster sugggested if there were Irish citizen children, or in my view, the applicant is in effect stateless.

But, just because lawyer "may" have succeeded in that ground before, does not always mean others will, the process is very arbitrary. I would like to know the time frame when such a decision was made ie what year. I very much doubt the civil servants would share such an attitude (whether right or wrong).

I can't see it roll, especially the fear that a marriage (genuine and all) may possibly only last 1 -2 years (through genuine break down of marriage - like any other couple as divorce trends show an increase)

Best off waiting the 3 years or if you meet 5 years quicker.