Irish Nationality and Citizenship Act, 2001
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Calculation of period of residence in relation to application for naturalisation. |
6.—The following section is hereby inserted after section 16 of the Act of 1956: | |
“16A.—(1) When calculating a period of residence in the State for the purposes of an application for a certificate of naturalisation— | ||
(a) in the case of a non-national who is a person to whom the European Communities (Aliens) Regulations, 1977 ( S.I. No. 393 of 1977 ), apply, no period shall be reckoned in relation to which the non-national was not the holder or subject of a residence permit or document granted under those Regulations or the European Communities (Right of Residence for Non-Economically Active Persons) Regulations, 1997 ( S.I. No. 57 of 1997 ), and | ||
(b) in the case of any other non-national, no period shall be reckoned in respect of which the non-national— | ||
(i) was required to have the permission of the Minister to remain in the State under the Aliens Act, 1935 , but did not have such permission, or | ||
(ii) had permission to remain under that Act or any other enactment for the purpose of— | ||
(I) study (whether or not such study necessitated the employment of the non-national during the whole or part of the period of study), or | ||
(II) seeking to be recognised as a refugee (within the meaning of the Refugee Act, 1996 ). | ||
(2) This section does not apply to a person to whom the provisions of the Aliens Act, 1935 , do not apply by virtue of an order made under section 10 of that Act. | ||
(3) This section does not apply in the calculation of a period of residence in the State for the purposes of an application for a certificate of naturalisation made before the commencement of section 6 of the Irish Nationality and Citizenship Act, 2001.”. |