New changes in citizenship rules in Ireland have taken effect from 31st July 2023. The Minister for Justice Helen McEntee has commenced the majority of the provisions of the Courts and Civil Law (Miscellaneous Provisions) Act 2023.
This Act has introduced significant amendments to immigration, citizenship, and naturalization law in Ireland. Some of the major changes are :
Children born in the State who are not entitled to Irish citizenship by birth, will now be eligible to apply for naturalization after three years of reckonable residency in the State, reduced from five years.
The Act also provides that minor applicants for naturalization over the age of 14 will undergo a “good character” assessment.
All applicants for naturalization are still required to have a period of one year’s continuous residence immediately preceding the application, and the new Act has clarified how the continuous year is to be calculated.
All applicants for naturalisation are still required to have a period of one year’s continuous residence immediately preceding the application, and the new Act has clarified how the continuous year is to be calculated.
The so-called “six-week rule” has been replaced, and Applicants will now be permitted up to 70 days of absences from the State (or from the island of Ireland in the case of spouse of Irish national applications) in the continuous year preceding the application.
An additional period of up to 30 days may also be allowed if those additional absences were necessary due to “exceptional circumstances.” This means that up to 100 days of absences may be allowable in specific circumstances.
The Act contains a list of exceptional circumstances which includes health reasons, family circumstances, employment, and study. The Minister for Justice has the discretion to determine if the absences are considered exceptional.
The changes will apply to any applications for naturalization which have been submitted and remain pending, and all new applications going forward.
The legislation will also allow the Department of Justice to issue correspondence and serve documents electronically.
The Act also amends the Immigration Act 1999 in relation to section 3 notices of intention to deport, by providing that persons who have been convicted of a serious offence, or who are considered a danger to the security of the State, will no longer be given the option to leave the State voluntarily once an intention to deport notice under section 3 has been issued to them.
The full text of the Act is available here.