Irish Nationality and Citizenship Act 2004

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“Entitlement to Irish citizenship of persons born to certain non-nationals.

6A.—(1) A person born in the island of Ireland shall not be entitled to be an Irish citizen unless a parent of that person has, during the period of 4 years immediately preceding the person's birth, been resident in the island of Ireland for a period of not less than 3 years or periods the aggregate of which is not less than 3 years.

(2) This section does not apply to—

(a) a person born before the commencement of the Irish Nationality and Citizenship Act 2004,

(b) a person born in the island of Ireland—

(i) to parents at least one of whom was at the time of the person's birth an Irish citizen or entitled to be an Irish citizen,

(ii) if the person was born to parents one of whom was deceased at the time of the person's birth and—

(I) the other parent was at that time, or

(II) the deceased parent was, immediately before he or she died,

an Irish citizen or entitled to be an Irish citizen, or

(iii) if the person was born to parents both of whom were deceased at the time of the person's birth, and at least one of whom was, immediately before his or her death, an Irish citizen or entitled to be an Irish citizen,

(c) a person born in the island of Ireland—

(i) to parents at least one of whom was at the time of the person's birth a British citizen or a person entitled to reside in Northern Ireland without any restriction on his or her period of residence,

(ii) if the person was born to parents one of whom was deceased at the time of the person's birth and—

(I) the other parent was at that time, or

(II) the deceased parent was, immediately before he or she died,

a British citizen or a person entitled to reside in Northern Ireland without any restriction on his or her period of residence, or

(iii) if the person was born to parents both of whom were deceased at the time of the person's birth and at least one of whom was, immediately before his or her death, a British citizen or a person entitled to reside in Northern Ireland without any restriction on his or her period of residence,

(d) a person born in the island of Ireland—

(i) to parents at least one of whom was at the time of the person's birth a person entitled to reside in the State without any restriction on his or her period of residence (including in accordance with a permission granted under section 4 of the Act of 2004),

(ii) if the person was born to parents one of whom was deceased at the time of the person's birth and—

(I) the other parent was at that time, or

(II) the deceased parent was, immediately before he or she died,

a person entitled to reside in the State without any restriction on his or her period of residence (including in accordance with a permission granted under section 4 of the Act of 2004), or

(iii) if the person was born to parents both of whom were deceased at the time of the person's birth and one of whom was, immediately before his or her death, a person entitled to reside in the State without any restriction on his or her period of residence (including in accordance with a permission granted under section 4 of the Act of 2004),

or

(e) a person born in the island of Ireland—

(i) neither of whose parents was at the time of the person's birth—

(I) an Irish citizen or entitled to be an Irish citizen,

(II) a British citizen,

(III) a person entitled to reside in the State without any restriction on his or her period of residence (including in accordance with a permission granted under section 4 of the Act of 2004), or

(IV) a person entitled to reside in Northern Ireland without any restriction on his or her period of residence,

and

(ii) at least one of whose parents was at that time entitled to diplomatic immunity in the State.

(3) In this section ‘British citizen’ means a citizen of the United Kingdom of Great Britain and Northern Ireland.

Residence in the island of Ireland for the purposes of section 6A.

6B.—(1) Where a parent of a person to whom section 6A (inserted by section 4 of the Irish Nationality and Citizenship Act 2004) applies dies before the person's birth, the period commencing on the date of the parent's death and expiring on the date of the person's birth shall be reckonable for the purposes of calculating a period of residence in the island of Ireland under that section, if—

(a) the parent was, immediately before his or her death, residing in the island of Ireland, and

(b) the period in respect of which he or she was, immediately before his or her death, resident in the island of Ireland is reckonable for the purposes of that section.

(2) Where a national of—

(a) a Member State (other than the United Kingdom of Great Britain and Northern Ireland),

(b) a state (other than a Member State) that is a contracting party to the EEA Agreement, or

(c) the Swiss Confederation,

makes a declaration in such manner as may be prescribed that he or she has resided in the island of Ireland for such period as is stated in that declaration, he or she shall, for the purposes of section 6A, be regarded as having been resident in the island of Ireland—

(i) for that period, if during the entire of that period he or she was a national of a Member State, an EEA state or the Swiss Confederation, or

(ii) if he or she was such a national for part only of that period, for that part of the period,

unless the contrary is proved.

(3) (a) If a person who is the guardian of, or in loco parentis to, a person (in this paragraph referred to as the ‘second-mentioned person’) who—

(i) has not attained the age of 18 years, and

(ii) is the child of a person (in this paragraph referred to as the ‘parent’) who was, at the time of the second-mentioned person's birth, a national of a state referred to in subsection (2),

makes a declaration in such manner as may be prescribed that the parent resided in the island of Ireland for such period as is specified in that declaration, the parent shall, for the purposes of section 6A, be regarded as having been resident in the island of Ireland—

(I) for that period, if during the entire of that period he or she was a national of a Member State, an EEA state or the Swiss Confederation, or

(II) if he or she was such a national for part only of that period, for that part of the period,

unless the contrary is proved.

(b) If a person who is duly authorised to act on behalf of a person (in this paragraph referred to as the ‘second-mentioned person’) who—

(i) is suffering from a mental incapacity, and

(ii) is the child of a person (in this paragraph referred to as the ‘parent’) who was, at the time of the second-mentioned person's birth, a national of a state referred to in subsection (2),

makes a declaration in such manner as may be prescribed that the parent resided in the island of Ireland for such period as is specified in that declaration, the parent shall, for the purposes of section 6A, be regarded as having been resident in the island of Ireland—

(I) for that period, if during the entire of that period he or she was a national of a Member State, an EEA state or the Swiss Confederation, or

(II) if he or she was such a national for part only of that period, for that part of the period,

unless the contrary is proved.

(c) If a person (in this paragraph referred to as the ‘declarant’) who—

(i) has attained the age of 18 years, and

(ii) is the child of a person (in this paragraph referred to as the ‘parent’) who was, at the time of the declarant's birth, a national of a state referred to in subsection (2),

makes a declaration in such manner as may be prescribed that the parent resided in the island of Ireland for such period as is stated in that declaration, the parent shall, for the purposes of section 6A, be regarded as having been resident in the island of Ireland—

(I) for that period, if during the entire of that period he or she was a national of a Member State, an EEA state or the Swiss Confederation, or

(II) if he or she was such a national for part only of that period, for that part of the period,

unless the contrary is proved.

(4) A period of residence in the State shall not be reckonable for the purposes of calculating a period of residence under section 6A if—

(a) it is in contravention of section 5(1) of the Act of 2004,

(b) it is in accordance with a permission given to a person under section 4 of the Act of 2004 for the purpose of enabling him or her to engage in a course of education or study in the State, or

(c) it consists of a period during which a person (other than a person who was, during that period, a national of a Member State, an EEA state or the Swiss Confederation) referred to in subsection (2) of section 9 (amended by section 7(c)(i) of the Act of 2003) of the Act of 1996 is entitled to remain in the State in accordance only with the said subsection.

(5) A period of residence in Northern Ireland shall not be reckonable for the purposes of calculating a period of residence under section 6A—

(a) if—

(i) the person concerned is not during the entire of that period a national of a Member State, an EEA state or the Swiss Confederation, and

(ii) the residence of the person concerned in Northern Ireland during that period is not lawful under the law of Northern Ireland,

or

(b) if the entitlement of the person concerned to reside in Northern Ireland during that period is subject to a condition that is the same as or similar to a condition which, if applicable in respect of an entitlement to reside in the State, would, by virtue of subsection (4), render a period of residence in the State pursuant to such an entitlement not reckonable for the purposes of calculating a period of residence under the said section 6A.

(6) A declaration referred to in subsection (2) or (3) shall be accompanied by such verifying documents (if any) as may be prescribed.”.