Irish citizenship, child born in Ireland to EU parents

[docteurbenway]

Hi everyone,

i have a question that is rather unclear to me within the Irish nationality law.

The revised version of the Irish nationality law states that a child born on the island of Ireland on or after 1 January 2005 and one of the parents was an Irish or British citizen, or if either of the parents was entitled to reside in the State or Northern Ireland without any restrictions on his or her residence, then they have an entitlement to Irish citizenship.

Does the sentence marked in bold mean that a child born in Ireland to EU/EEA citizens immediately becomes Irish?

Or does the rule that you have to have been living in Ireland for 3 out of the 4 previous years apply to EU citizens as well?

If anyone had experience with this or knows the law and the practical application of it please help me clarify this.

Thank you.

[EUsmileWEallsmile]

Does this clarify matters for you?

http://www.citizensinformation.ie/en/mo ... scent.html

[docteurbenway]

Does this clarify matters for you?

http://www.citizensinformation.ie/en/mo ... scent.html

Not particularly, i read all that and thus posted the question, so could you please clarify?

Thanks

[agniukas]

that rule applies to everyone, where at least one parent is not Irish or British. Meaning, if one of the parents is e.g. French or Latvian, they have to prove residency in the state for 3 out of 4 years before their child born in Ireland qualifies for Irish citizenship.

[docteurbenway]

that rule applies to everyone, where at least one parent is not Irish or British. Meaning, if one of the parents is e.g. French or Latvian, they have to prove residency in the state for 3 out of 4 years before their child born in Ireland qualifies for Irish citizenship.

Well that is what i initially thought, but then in the FAQs page of the Irish Immigration and Nat. Services it says:

"or if either of the parents was entitled to reside in the State or Northern Ireland without any restrictions on his or her residence", from that sentence one can deduce that EU citizens apply directly since there are no restrictions on their residence period in the state. Hence the thread.

[EUsmileWEallsmile]

Does this clarify matters for you?

http://www.citizensinformation.ie/en/mo ... scent.html

Not particularly, i read all that and thus posted the question, so could you please clarify?

Thanks

EU citizens (other than Irish or British) have restrictions (they need to be exercising treaty rights). The restriction time limit is less than that required to achieve PR.

[docteurbenway]

Does this clarify matters for you?

http://www.citizensinformation.ie/en/mo ... scent.html

Not particularly, i read all that and thus posted the question, so could you please clarify?

Thanks

EU citizens (other than Irish or British) have restrictions (they need to be exercising treaty rights). The restriction time limit is less than that required to achieve PR.

Ok so lets say a French man and his Dutch wife have just arrived in Ireland two days ago, a month later the French man found a job at lets say at McDonalds and the wife enrolls into university, 9 months later they have a kid, is the kid automatically Irish?

Since they are both exercising their rights and thus no longer have restrictions.

Or do they still have to wait for 3 years?

[EUsmileWEallsmile]

Since they are both exercising their rights and thus no longer have restrictions.

The "restrictions" are that they need to be exercising treaty rights, so no in the example you quoted, no citizenship.

[adlexy]

Since they are both exercising their rights and thus no longer have restrictions.

The "restrictions" are that they need to be exercising treaty rights, so no in the example you quoted, no citizenship.

EUsmileWEallsmile,

Now I am "almost" confused too

But in the examples given, they are exercising EuTR and are therefore not under any "restriction" technically?

However, they still need to have been in Ireland for at least 3years inspite of the EuTR?

[agniukas]

i can tell how it actually works. I know a couple. one is EU national, another non EU national. EU national was a couple of weeks short till 3 years of residence in the state prior to the birth of their child, thus child didnt get irish citizenship, just the citizenship of the EU parent. Non EU national's residence in the state was even shorter.
So how it actually works is that unless one of the parents is irish or british, one of the parents, even if it's EU national, has to be resident in the state for at least 3 years prior to the birth of the child.

[EUsmileWEallsmile]

...exercising EuTR and are therefore not under any "restriction" technically...

Having to exercise treaty rights is a "restriction" of sorts.

They need to comply with the nationality residence times.

[dania]

Since they are both exercising their rights and thus no longer have restrictions.

The "restrictions" are that they need to be exercising treaty rights, so no in the example you quoted, no citizenship.

EUsmileWEallsmile,

Now I am "almost" confused too

But in the examples given, they are exercising EuTR and are therefore not under any "restriction" technically?
they need to prove the three years residency and this rule applies to all eu national expect british and irish

However, they still need to have been in Ireland for at least 3years inspite of the EuTR?

[walrusgumble]

Hi everyone,

i have a question that is rather unclear to me within the Irish nationality law.

The revised version of the Irish nationality law states that a child born on the island of Ireland on or after 1 January 2005 and one of the parents was an Irish or British citizen, or if either of the parents was entitled to reside in the State or Northern Ireland without any restrictions on his or her residence, then they have an entitlement to Irish citizenship.

Does the sentence marked in bold mean that a child born in Ireland to EU/EEA citizens immediately becomes Irish?

Or does the rule that you have to have been living in Ireland for 3 out of the 4 previous years apply to EU citizens as well?

If anyone had experience with this or knows the law and the practical application of it please help me clarify this.

Thank you.

mods please delete error

[walrusgumble]

Does this clarify matters for you?

http://www.citizensinformation.ie/en/mo ... scent.html

Not particularly, i read all that and thus posted the question, so could you please clarify?

Thanks

EU citizens (other than Irish or British) have restrictions (they need to be exercising treaty rights). The restriction time limit is less than that required to achieve PR.

Ok so lets say a French man and his Dutch wife have just arrived in Ireland two days ago, a month later the French man found a job at lets say at McDonalds and the wife enrolls into university, 9 months later they have a kid, is the kid automatically Irish?

Since they are both exercising their rights and thus no longer have restrictions.

Or do they still have to wait for 3 years?

No, the child is not an Irish Citizen

[walrusgumble]

Does this clarify matters for you?

http://www.citizensinformation.ie/en/mo ... scent.html

Not particularly, i read all that and thus posted the question, so could you please clarify?

Thanks

EU citizens (other than Irish or British) have restrictions (they need to be exercising treaty rights). The restriction time limit is less than that required to achieve PR.

Ok so lets say a French man and his Dutch wife have just arrived in Ireland two days ago, a month later the French man found a job at lets say at McDonalds and the wife enrolls into university, 9 months later they have a kid, is the kid automatically Irish?

Since they are both exercising their rights and thus no longer have restrictions.

Or do they still have to wait for 3 years?

No, the child is not an Irish Citizen automatically