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Immigration Law- Points to Note

By January 15, 2024June 26th, 2024No Comments
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There are various ways to obtain an Irish citizenship. It can be by marriage, ancestry, or naturalisation. Naturalisation is when you are granted citizenship by another country due to the number of years you have spent living there. You must be physically resident in Ireland for those years. Applications are made to the Immigration Service Delivery. The Minister for Justice has exclusive discretion regarding granting naturalisation.

Residence in the State

In order to meet the requirements for citizenship, you must have ‘reckonable residence’ for an entire year prior to submitting your application for naturalisation and during the eight years before that you also must have had reckonable residence in the state.

Citizenship for a spouse of an Irish citizen

You are eligible to apply for the above if you are 18 and over, have been married for more than 3 years, live with your spouse, have had reckonable residence, and are of a good character i.e. No criminal record or ongoing investigations against you. The documents required for the registration appointment are the following: Original passport, original marriage certificate, evidence of a joint address and your spouse’s original passport. If granted a three-year residence card, it will be renewable as long as the marriage is ongoing.

What to do if you separate from your spouse or civil partner

In the event where a marriage has broken down, the first thing a person should do is notify the Irish Immigration Service. By doing so, you are entitled to apply for retention of your residency on condition that you have been married for at least 3 years.

Can a parent of an Irish citizen child apply for residency?

If you are already living in Ireland but your citizen stamp has expired, and you have no valid residence permission in the state. You may be  eligible to submit an application for residence permission as a parent of an Irish child.

The application requires you to provide evidence of both the financial and emotional role you play in the child’s life. Additionally, the Irish Immigration Service may request DNA evidence to confirm you are the biological parent.

Once your application has been successfully submitted, it will take a year to process. However, you will not be granted temporary residence during this time.

If your application is accepted, you will be permitted to reside in Ireland for a year. Similar to the spousal application, your residency will be renewed as long as the child resides in Ireland.