Irish citizenship for a child born in Northern Ireland (to non-EU parents)

[GKM24]

Hello All,

I have been working in Belfast since Nov,2019 and currently I am on UK Skilled worker visa (Tier 2 General).
I am going to apply for my ILR (Indefinite Leave to Remain) in UK in Oct,2024.

My son was born in March,2023 in Belfast and I didn't have ILR when he was born.
But I have lived 3 years in Northern Ireland before my son was born.

My wife and I are non-EU nationals(Indian). My son currently holds the same nationality as we do and also got UK dependant visa and Indian passport.
I know my son will be eligible to get British citizenship after my ILR.

I have few question about applying Irish citizenship for my son. I have found below information from citizensinformation.ie.

As per Good Friday agreement, "Since 1 January 2005, if you are born in Northern Ireland, you can claim Irish citizenship if your parent (or parents) are either British or Irish citizens, or one of them has lived on the island of Ireland for at least 3 out of the 4 years immediately before your birth."

Source link: https://www.citizensinformation.ie/en/m ... ur%20birth.

Questions:
1.Is he eligible for Irish citizenship now? (Before getting my ILR from UK)
2.If yes, then what are steps to get it? (Please share the links to apply for the same, if possible)
3.What are the documents required to apply for it?
4.What is the process time to get the decision?

Thank you in advance

[Leo99]

Have the right to live in Ireland or Northern Ireland without any restriction on their period of residence

Does your current permission allow this? I assume ILR is needed for this.

[GKM24]

Hi Leo99,

Thank you very much for your quick response.

I am currently on UK work permit Skilled worker visa. I am not sure this is considered as a restriction.

As per this,
Parent from outside Ireland and UK
If you were born in Ireland on or after 1 January 2005 and neither of your parents were Irish or UK citizens, your entitlement to Irish citizenship by birth depends on your parents’ residence status and history.

One of your parents must have:

Lived in Ireland or Northern Ireland for 3 out of the 4 years before you were born or
Have the right to live in Ireland or Northern Ireland without any restriction on their period of residence
Only reckonable residence is counted towards the 3 out of 4 years needed. This does not include periods spent in Ireland on a student visa or while waiting for a decision on an international protection application.

Based on this, I thought this option is not applicable for a person with a student visa or while waiting for a decision on an international protection application. And applicable for UK BRP holders with valid work permit.

Please clarify. Thank you once again.

[Vadrar]

Hi Leo99,

Thank you very much for your quick response.

I am currently on UK work permit Skilled worker visa. I am not sure this is considered as a restriction.

As per this,
Parent from outside Ireland and UK
If you were born in Ireland on or after 1 January 2005 and neither of your parents were Irish or UK citizens, your entitlement to Irish citizenship by birth depends on your parents’ residence status and history.

One of your parents must have:

Lived in Ireland or Northern Ireland for 3 out of the 4 years before you were born or
Have the right to live in Ireland or Northern Ireland without any restriction on their period of residence
Only reckonable residence is counted towards the 3 out of 4 years needed. This does not include periods spent in Ireland on a student visa or while waiting for a decision on an international protection application.

Based on this, I thought this option is not applicable for a person with a student visa or while waiting for a decision on an international protection application. And applicable for UK BRP holders with valid work permit.

Please clarify. Thank you once again.

My understanding is that 3 years on a Skilled Migrant visa in the UK does count, and I know of similar cases that are progressing on their way to citizenship for their child. It's the first eligibility criteria ('Lived in Ireland or Northern Ireland for 3 out of the 4 years before you were born') and the without restriction on period of residency is an 'or' condition. The equivalent of Skilled Migrant visa in Ireland (Critical Skills) is certainly eligible residency.

The without restriction on period of residency applies to those with Right of Abode, as well as ILR or Settled Status under the EU Settlement Scheme (and of course British or Irish citizens.) So anyone in this category could have a baby in NI on the day they arrive and their child is eligible for Irish citizenship.

You apply here. The documents you need are produced via link once you begin an account and select the path (Minor) to citizenship.

Assume it will take at least a year and you'll be less stressed and may be pleased with the timeline if shorter. There are huge gaps between the department contacting you for each next step - at least months, if not a year, so settle in calmly for some waiting.

[pemani4255]

Hello,

A valid case my son had Irish passport in similar route. He was Born in 2012, We stayed in NI from 2006 to 2012. Gained ILR 2011 before he was born. As long as you can prove legal stay you can try.

All the very best!

[GKM24]

Thank you everyone for taking time to answer my query.