Irish Nationality and Citizenship Act, 1956

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IRISH NATIONALITY AND CITIZENSHIP ACT, 1956.

ARRANGEMENT OF SECTIONS

Part I.

PRELIMINARY.

Section

Section 1

Short title.

Section 2

Definitions.

Section 3

Regulations.

Section 4

Expenses.

Section 5

Repeals and saving for existing citizenship.

Part II.

CITIZENSHIP.

Section 6

Irish citizenship by birth or descent.

Section 7

Formalities to be complied with in certain cases.

Section 8

Acquisition of citizenship on marriage.

Section 9

Citizenship of posthumous children.

Section 10

Citizenship of foundlings.

Section 11

Citizenship of adopted children.

Section 12

Grant of citizenship as token of honour.

Section 13

Citizenship of persons born on ships and aircraft.

Part III.

NATURALISATION.

Section 14

Certificates of naturalisation.

Section 15

Conditions for issue of certificate.

Section 16

Power to dispense with conditions of naturalisation in certain cases.

Section 17

Form of application.

Section 18

Effect and operation of certificate of naturalisation.

Section 19

Revocation of certificates of naturalisation.

Section 20

Acquisition of citizenship by one of married couple.

Part IV.

LOSS OF CITIZENSHIP.

Section 21

Renunciation of citizenship.

Section 22

Non-effect of spouse's death or loss of citizenship on other spouse or children.

Section 23

Marriage not to effect loss of citizenship.

Section 24

Loss of citizenship by operation of foreign law under section 21 of Act of 1935.

Section 25

Preservation of obligations on cesser of citizenship.

Part V.

GENERAL.

Section 26

Mutual citizenship rights.

Section 27

Registry of births abroad.

Section 28

Certificates of nationality.

Section 29

Extension to all citizens of statutory rights conferred on persons born in Ireland.

Section 30

Fees payable on declaration.

Section 31

Collection and disposal of fees.

Acts Referred to Irish Nationality and Citizenship Act, 1935 No. 13 of 1935 Irish Nationality and Citizenship (Amendment) Act, 1937 No. 39 of 1937 Adoption Act, 1952 No. 25 of 1952 Number 26 of 1956.

IRISH NATIONALITY AND CITIZENSHIP ACT, 1956.

AN ACT TO MAKE PROVISION FOR THE ACQUISITION AND LOSS OF IRISH NATIONALITY AND CITIZENSHIP. [17th July, 1956.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary.

Short title.

1.—This Act may be cited as the Irish Nationality and Citizenship Act, 1956.

Definitions.

2.—In this Act— “the Act of 1935” means the Irish Nationality and Citizenship Act, 1935 (No. 13 of 1935); “alien” means a person who is not an Irish citizen; “consular office” includes a consulate-general, consulate or vice-consulate, whether in charge of a career or honorary consular officer; “diplomatic officer” means an ambassador extraordinary and plenipotentiary, envoy extraordinary and minister plenipotentiary, chargé d'affaires, counsellor or secretary of embassy or legation, or attaché; “foreign aircraft” means an aircraft which is not an Irish aircraft; “foreign ship” means a ship which is not an Irish ship; “full age” means the age of twenty-one years, and upwards; “Ireland” means the national territory as defined in Article 2 of the Constitution; “Irish citizen” means a citizen of Ireland; “Irish aircraft” means an aircraft registered in the State; “Irish ship” means a ship registered in the State or a ship which, if not registered in the State or under the law of any other country, is wholly owned by a person qualified to own a ship registered in the State or by persons all of whom are so qualified; “the Minister” means the Minister for Justice; “naturalised Irish citizen” means a person who acquires Irish citizenship by naturalisation, whether under this or any other enactment; “prescribed” means prescribed by regulations made by the Minister; “public service” when used in relation to the employment of a person, refers to employment in the service of the Government, whether or not in the civil service, or in the service of any public corporation or authority maintained wholly or partly out of public funds or in respect of which a Minister of State is responsible.

Regulations.

3.—(1) The Minister may make regulations in relation to any matter or thing referred to in this Act as prescribed or to be prescribed, but no such regulation shall be made in relation to the amount or collection of fees without the consent of the Minister for Finance.

Expenses.

4.—All expenses incurred by the Minister or by the Minister for External Affairs in carrying this Act into effect shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Repeals and saving for existing citizenship.

5.—(1) The Irish Nationality and Citizenship Act, 1935 (No. 13 of 1935), and the Irish Nationality and Citizenship (Amendment) Act, 1937 (No. 39 of 1937), are hereby repealed.

PART II.

Citizenship.

Irish citizenship by birth or descent.

6.—(1) Every person born in Ireland is an Irish citizen from birth.

Formalities to be complied with in certain cases.

7.—(1) Pending the re-integration of the national territory, subsection (1) of section 6 shall not apply to a person, not otherwise an Irish citizen, born in Northern Ireland on or after the 6th December, 1922, unless, in the prescribed manner, that person, if of full age, declares himself to be an Irish citizen or, if he is not of full age, his parent or guardian declares him to be an Irish citizen. In any such case, the subsection shall be deemed to apply to him from birth.

Acquisition of citizenship on marriage.

8.—(1) A woman who is an alien at the date of her marriage to a person who is an Irish citizen (otherwise than by naturalisation) shall not become an Irish citizen merely by virtue of her marriage, but may do so by lodging a declaration in the prescribed manner with the Minister, or with any Irish diplomatic mission or consular office, either before or at any time after the marriage accepting Irish citizenship as her post-nuptial citizenship.

Citizenship of posthumous children.

9.—A child born posthumously whose father was on the date of his death an Irish citizen shall acquire Irish citizenship under this Act on the same conditions as if his father were alive when he was born.

Citizenship of foundlings.

10.—Every deserted infant first found in the State shall, unless the contrary is proved, be deemed to have been born in Ireland.

Citizenship of adopted children.

11.—(1) Upon an adoption order being made, under the Adoption Act, 1952 (No. 25 of 1952), in a case in which the adopter or, where the adoption is by a married couple, either spouse is an Irish citizen, the adopted child, if not already an Irish citizen, shall be an Irish citizen.

(2)

Section 25

of the Adoption Act, 1952 , is hereby repealed.

Grant of citizenship as token of honour.

12.—(1) The President may grant Irish citizenship as a token of honour to a person or to the child or grandchild of a person who, in the opinion of the Government, has done signal honour or rendered distinguished service to the nation.

Citizenship of persons born on ships and aircraft.

13.—(1) A person born in an Irish ship or an Irish aircraft wherever it may be is deemed to be born in Ireland.

PART III.

Naturalisation.

Certificates of naturalisation.

14.—Irish citizenship may be conferred on an alien by means of a certificate of naturalisation granted by the Minister.

Conditions for issue of certificate.

15.—Upon receipt of an application for a certificate of naturalisation, the Minister may, in his absolute discretion, grant the application, if satisfied that the applicant complies with the following conditions (in this Act referred to as conditions for naturalisation): (a) he is of full age; (b) he is of good character; (c) he has (in the case of application made after the expiration of one year from the passing of this Act) given notice of his intention to make the application at least one year prior to the date of his application; (d) he has had a period of one year's continuous residence in the State immediately before the date of his application and, during the eight years immediately preceding that period, has had a total residence in the State amounting to four years; (e) he intends in good faith to continue to reside in the State after naturalisation; (f) he has made, either before a Justice of the District Court in open court or in such manner as the Minister, for special reasons, allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State.

Power to dispense with conditions of naturalisation in certain cases.

16.—The Minister may, if he thinks fit, grant an application for a certificate of naturalisation in the following cases, although the conditions for naturalisation (or any of them) are not complied with: (a) where the applicant is of Irish descent or Irish associations; (b) where the applicant is a parent or guardian acting on behalf of a minor of Irish descent or Irish associations; (c) where the applicant is a naturalised Irish citizen acting on behalf of his minor child; (d) where the applicant is a woman who is married to a naturalised Irish citizen; (e) where the applicant is married to a woman who is an Irish citizen (otherwise than by naturalisation); (f) where the applicant is or has been resident abroad in the public service.

Form of application.

17.—(1) An application for a certificate of naturalisation shall— (a) be in the prescribed form, and (b) be accompanied by such evidence (including statutory declarations) to vouch the application as the Minister may require.

Effect and operation of certificate of naturalisation.

18.—(1) Every person to whom a certificate of naturalisation is granted shall, from the date of issue and so long as the certificate remains unrevoked, be an Irish citizen.

Revocation of certificates of naturalisation.

19.—(1) The Minister may revoke a certificate of naturalisation if he is satisfied— (a) that the issue of the certificate was procured by fraud, misrepresentation whether innocent or fraudulent, or concealment of material facts or circumstances, or (b) that the person to whom it was granted has, by any overt act, shown himself to have failed in his duty of fidelity to the nation and loyalty to the State, or (c) that (except in the case of a certificate of naturalisation which is issued to a person of Irish descent or associations) the person to whom it is granted has been ordinarily resident outside Ireland (otherwise than in the public service) for a continuous period of seven years and without reasonable excuse has not during that period registered annually in the prescribed manner his name and a declaration of his intention to retain Irish citizenship with an Irish diplomatic mission or consular office or with the Minister, or (d) that the person to whom it is granted is also, under the law of a country at war with the State, a citizen of that country, or (e) that the person to whom it is granted has by any voluntary act other than marriage acquired another citizenship.

Acquisition of citizenship by one of married couple.

20.—Acquisition of Irish citizenship by a person shall not of itself confer Irish citizenship on his or her spouse.

PART IV.

Loss of Citizenship.

Renunciation of citizenship.

21.—(1) If an Irish citizen, who is either of full age or a married woman under that age, is or is about to become a citizen of another country and for that reason desires to renounce citizenship, he or she may do so, if ordinarily resident outside the State, by lodging with the Minister a declaration of alienage in the prescribed manner, and, upon lodgment of the declaration or, if not then a citizen of that country, upon becoming such, shall cease to be an Irish citizen.

Non-effect of spouse's death or loss of citizenship on other spouse or children.

22.—(1) The death of an Irish citizen shall not affect the citizenship of his or her surviving spouse or children.

Marriage not to effect loss of citizenship.

23.—A person who marries an alien shall not, merely by virtue of the marriage, cease to be an Irish citizen, whether or not he or she acquires the nationality of the alien.

Loss of citizenship by operation of foreign law under section 21 of Act of 1935.

24.—No person shall be deemed ever to have lost Irish citizenship under section 21 of the Act of 1935 merely by operation of the law of another country whereby citizenship of that country is conferred on that person without any voluntary act on his part.

Preservation of obligations on cesser of citizenship.

25.—If a person ceases to be an Irish citizen the cesser of his citizenship shall not of itself operate to discharge any obligation, duty or liability undertaken, imposed or incurred before the cesser.

PART V.

General.

Mutual citizenship rights.

26.—(1) Where the Government are satisfied that under the law of another country (whether by virtue of a convention between that country and the State or otherwise) Irish citizens enjoy in that country some or all of the rights and privileges of a citizen of that country, the Government may by order (in this section referred to as a citizenship rights order) declare that citizens of that country shall enjoy in the State similar citizenship rights and privileges to those enjoyed by Irish citizens in that country, but subject to such conditions (if any) as the Government may think fit to impose.

Registry of births abroad.

27.—(1) A foreign births entry book shall be kept in every Irish diplomatic mission and consular office and a foreign births register shall be kept in the Department of External Affairs in Dublin.

Certificates of nationality.

28.—(1) Any person who claims to be an Irish citizen, other than a naturalised Irish citizen, may apply to the Minister or, if resident outside Ireland, to any Irish diplomatic officer or consular officer for a certificate of nationality stating that the applicant is, at the date of the certificate, an Irish citizen; and the Minister or officer, if satisfied that— (a) the applicant is an Irish citizen, and (b) the issue of the certificate is necessary in all the circumstances of the case, may issue a certificate of nationality to him accordingly.

Extension to all citizens of statutory rights conferred on persons born in Ireland.

29.—An Irish citizen, wherever born, shall be entitled to all the rights and privileges conferred by the terms of any enactment on persons born in Ireland.

Fees payable on declaration.

30.—Whenever any person is by this Act required or empowered to make a declaration for the purposes of this Act, regulations made under this Act may require that such person shall pay, on the making of such declaration, such fee as may be prescribed.

Collection and disposal of fees.

31.—(1) All fees payable under this Act shall be collected and taken in such manner as the Minister for Finance shall, from time to time, direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the said Minister.

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