Naturalised Irish citizen and residence abroad

[a.s.b.o]

All naturalised Irish citizens (unless under Irish association) require to submit a form once a year within 7 years in order to declare their intent to maintain Irish nationality. Does residence in Northern Ireland, strictly speaking amounts to residence abroad and if so, does the form require to be submitted?

Thank you

[Gracious2015]

If I havent mistaken, residents of Nothern Ireland (NI) are eligible to apply for Irish passport and UK passport, thats how one of the members on this forum recently got Irish citizenship although the base was in NI - someone please correct me if I am wrong

[a.s.b.o]

If I havent mistaken, residents of Nothern Ireland (NI) are eligible to apply for Irish passport and UK passport, thats how one of the members on this forum recently got Irish citizenship although the base was in NI - someone please correct me if I am wrong

your refer to a totally different matter. I refer to the statutory requirement for already naturalised Irish citizens to declare their intent to keep an Irish passport IF RESIDING OUTSIDE THE STATE. In this, I consider residence in NI ambiguous, as it is "outside the State" but within the "island of Ireland".

[Obie]

I don't concur with that. If the spouse of an Irish national can qualify for naturalisation based on their residence in Northern Ireland, then it must be the case , that residence in Ireland does not mean abroad, as the Irish Legislation covers the whole Island.

[joysmith]

Hello Obie, how can i send you a private message please? It has to do with a letter sent by the HO by post yesterday stating that my husband is liable for detention.
I would appreciate it if I can get the opportunity to discuss his situation.

Kind Regards,

Joy Smith

[a.s.b.o]

I don't concur with that. If the spouse of an Irish national can qualify for naturalisation based on their residence in Northern Ireland, then it must be the case , that residence in Ireland does not mean abroad, as the Irish Legislation covers the whole Island.

Thank you Obie, this is a more favourable reading of the requirement than I derived myself. I forwarded an email to DoJ/ INIS and will post their response to be used by others in the same situation.

[a.s.b.o]

I appear to be correct, which does not occur frequently.

Hi A.S.B.O,

As you are now resident in Northern Ireland you are required to complete a
form 5 on an annual basis declaring your intent to retain your Irish
Citizenship. I am attaching a form 5 here for your reference.

(See attached file: Form 5 (Ver 5.0 Jan 2014).pdf)

Regards

Niall O'Callaghan
Citizenship Division

[chaoclive]

I appear to be correct, which does not occur frequently.

Hi A.S.B.O,

As you are now resident in Northern Ireland you are required to complete a
form 5 on an annual basis declaring your intent to retain your Irish
Citizenship. I am attaching a form 5 here for your reference.

(See attached file: Form 5 (Ver 5.0 Jan 2014).pdf)

Regards

Niall O'Callaghan
Citizenship Division

What a joke... You'll have to pay for a witness! Waste of $$$!

[lolo82]

i sent an email to INIS to see if the answer was the same as i will be applying shortly for citizenship based on 3 years marriage to an Irish Citizen in NI

Me: Does Northern Ireland constitute as a residing outside of Ireland? If so, how often does Form 5 need to be sent in th INIS?

My email reply:
Lolo82

As your application is based on being married to an Irish citizen, you
would only need to complete a FORM 5 on an annual basis, once granted
citizenship, if you were resident outside of the ISLAND of IRELAND, which
includes Northern Ireland.Regards

Tony Greene
Citizenship Division

Im confused...

[a.s.b.o]

Extremely confusing. I concur. i have no idea how to approach this - whether copy-paste approach is what needs to be taken and the issue escalated to their policy unit. Would gurus suggest the way forward for us confused souls?

[mgb]

You could ask your contact if article 2 of the irish constitution is nomore valid.

[a.s.b.o]

You could ask your contact if article 2 of the irish constitution is nomore valid.

Does one want to be right or happy? I got what I consider is a 'cross' email response:

Hi ASBO,

Section 19 (1) (c) of the Irish Nationality and Citizenship Act 1956 is as
follows :

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.

As your certificate of naturalisation was not issued to you based on Irish
descent or associations nor was it granted to you under Section 15a of the
Act and as you are now living in Northern Ireland, you are therefore
legally obliged to submit a declaration of intention to retain your Irish
Citizenship on an annual basis until such time as your return to Ireland.

Residence in Northern Ireland is not considered as reckonable when
calculating a persons residence in Ireland, except in the cases of
applications on the basis of being married to an Irish Citizen when all
residence on the island of Ireland is counted.

[mgb]

As far as I understand article 2 of the irish constitution it is the entitlement of all persons qualified in other ways in accordance with law to be irish citizens to be part of the Irish Nation.
The playfield of the Irish Nation is defined as island of ireland with all its islands and seas.