Irish Citizenship through great grandfather

My question I hope to be answered is. My great grandfather was born in Ireland and came to the United States. My Grandfather was born in the United states first generation, So I believe he would have been considered an Irish citizen, He died before my father was born. He died In Jan of 1940 and my father was born in April 1940. So my father was born posthumously to an Irish citizen does that make him automatically an Irish citizen and if so can I use that to claim dual citizenship through the fbr?

No.

Jimmyferry wrote:My question I hope to be answered is. My great grandfather was born in Ireland and came to the United States. My Grandfather was born in the United states first generation, So I believe he would have been considered an Irish citizen, He died before my father was born. He died In Jan of 1940 and my father was born in April 1940. So my father was born posthumously to an Irish citizen does that make him automatically an Irish citizen and if so can I use that to claim dual citizenship through the fbr?

Good Afternoon,

Short answer No; you are not eligible for Citizenship via descent to the Island of Ireland.

Your 'line of entitlement' has been broken. It is directly set as 2 generations above you(Parent/Grandparent), not three.

Your Grandparent MUST have been born on the Island of Ireland.
Your parent (i.e. your father) would automatically be an Irish Citizen.
You would be eligible under descent laws to apply via FBR.

The only way possible via this method:

Adding your GreatGrandparent into the mix means your father must have applied and obtained Citizenship via FBR BEFORE You were born.

If he did and was granted you would be free to apply.

Under the IRISH NATIONALITY AND CITIZENSHIP ACT, 1956.
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.

wouldn't that have made my father an Irish Citizen?

If your father has obtained Irish citizenship via the FBR before you were born then you will be eligible, otherwise the line of descent is broken.

See table, part E:

http://www.citizensinformation.ie/en/mo ... scent.html

Jimmyferry wrote:Under the IRISH NATIONALITY AND CITIZENSHIP ACT, 1956.
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.

wouldn't that have made my father an Irish Citizen?

No,

This would apply if your great-grandfather had passed before your grandfather was born.

You still are not eligible for citizenship via FBR.

OP's original point was:

My Grandfather was born in the United states first generation, So I believe he would have been considered an Irish citizen, He died before my father was born. He died In Jan of 1940 and my father was born in April 1940. So my father was born posthumously to an Irish citizen does that make him automatically an Irish citizen

No I agree that you grand father would have been Irish citizen but your father will not be if he was not put on the foreign birth register as your grand father was Irish by descent.