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Naturalization through Irish Associations

Forum to discuss all things Blarney | Ireland immigration

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bebo1901
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Naturalization through Irish Associations

Post by bebo1901 » Sat Feb 16, 2013 5:48 pm

Hello,

Does anyone know whether the Minister waives the residency requirements from a person with Irish Associations (a mother or father who is an Irish Citizen)?

Thanks :)

IntegratedMigrant
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Post by IntegratedMigrant » Sat Feb 16, 2013 7:31 pm

Yes., the minister can waive some or all the residency requirements. Under citizenship law, he has waived 2 out of 5 years required. he can also waive all of them. In an exceptional circumstances
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bebo1901
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Post by bebo1901 » Sat Feb 16, 2013 7:44 pm

IntegratedMigrant wrote:Yes., the minister can waive some or all the residency requirements. Under citizenship law, he has waived 2 out of 5 years required. he can also waive all of them. In an exceptional circumstances
But this is only clear for spouse of an Irish citizen, it says in the Irish Nationality and Citizenship act 1956 section 16
http://www.inis.gov.ie/en/INIS/consolid ... onINCA.pdf
that the Minister may waive one or more of the naturalization conditions which are basically the 5 years residency requirement, so if this is waived, shouldn't it be without any residency requirement?

Thanks

Brigid from Ireland
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Post by Brigid from Ireland » Sat Feb 16, 2013 7:55 pm

Is the child still a minor child?

If so, it may be possible for the parents to legally adopt their own child, thus conferring citizenship. (Adopted children gain citizenship from their Irish citizen parent, on the moment of adoption.)

This may not work when adopting your own child, as it would be seen as an attempt to get around citizenship laws, but it would certainly work if you adopted a niece or nephew or grandchild.

Does the child have a child of their own, who was born after the grandparent got Irish citizenship? If so, they may be the parent of an Irish citizen child, and should apply for the FBR and then Irish passport for their child. Being the parent of an EU/Irish citizen confers many rights.

Remember that
'If one of your grandparents is an Irish citizen but none of your parents was born in Ireland, you may become an Irish citizen. You will need to have your birth registered in the Foreign Births Register.' I am not sure if this applies to a grandparent who is a naturalised Irish citizen rather than a citizen by birth, but it may do so, as it may not specify what type of Irish citizen the grandparent must be.
BL

bebo1901
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Post by bebo1901 » Sat Feb 16, 2013 8:48 pm

Brigid from Ireland wrote:Is the child still a minor child?

If so, it may be possible for the parents to legally adopt their own child, thus conferring citizenship. (Adopted children gain citizenship from their Irish citizen parent, on the moment of adoption.)

This may not work when adopting your own child, as it would be seen as an attempt to get around citizenship laws, but it would certainly work if you adopted a niece or nephew or grandchild.

Does the child have a child of their own, who was born after the grandparent got Irish citizenship? If so, they may be the parent of an Irish citizen child, and should apply for the FBR and then Irish passport for their child. Being the parent of an EU/Irish citizen confers many rights.

Remember that
'If one of your grandparents is an Irish citizen but none of your parents was born in Ireland, you may become an Irish citizen. You will need to have your birth registered in the Foreign Births Register.' I am not sure if this applies to a grandparent who is a naturalised Irish citizen rather than a citizen by birth, but it may do so, as it may not specify what type of Irish citizen the grandparent must be.
no not a minor nor adopted, my father is a naturalized Irish citizen and i am over 18, i was advised that i can apply for naturalization through Irish associations and reading the Irish Nationality and Citizenship act 1956, i found that the Minister may in his discretion waive the residency conditions, it doesn't say clearly that i am required to have residency of 3 years like a spouse of an Irish citizen.

IntegratedMigrant
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Post by IntegratedMigrant » Sat Feb 16, 2013 10:03 pm

It doesnt say the residency requirements for Irish Association but here is a hint that 3 years is sufficient for applying for Naturalisation based on Irish Association.

PLEASE NOTE THAT THE MINISTER WILL DECIDE IN HIS ABSOLUTE DISCRETION WHETHER TO WAIVE THE CONDITIONS FOR NATURALISATION, OR ANY OF THEM, WHERE THE PROVISIONS OF SECTION 16 APPLY. AS A GENERAL GUIDE, WHERE THIS SECTION APPLIES, YOU WILL NORMALLY BE REQUIRED TO HAVE 3 OR MORE YEARS RECKONABLE

THERE IS NO RIGHT TO HAVE ANY CONDITIONS FOR NATURALISATION WAIVED IN ANY CASE; IT IS ENTIRELY AT THE MINISTER’S ABSOLUTE DISCRETION.

Also note: Section 16(2) of the Irish Nationality and Citizenship Act 1956, as amended, defines being of Irish associations as meaning 'related by blood, affinity, adoption to, or is the civil partner of a person who is an Irish citizen'.

Hope that helps!
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bebo1901
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Post by bebo1901 » Sat Feb 16, 2013 10:26 pm

IntegratedMigrant wrote:It doesnt say the residency requirements for Irish Association but here is a hint that 3 years is sufficient for applying for Naturalisation based on Irish Association.

PLEASE NOTE THAT THE MINISTER WILL DECIDE IN HIS ABSOLUTE DISCRETION WHETHER TO WAIVE THE CONDITIONS FOR NATURALISATION, OR ANY OF THEM, WHERE THE PROVISIONS OF SECTION 16 APPLY. AS A GENERAL GUIDE, WHERE THIS SECTION APPLIES, YOU WILL NORMALLY BE REQUIRED TO HAVE 3 OR MORE YEARS RECKONABLE

THERE IS NO RIGHT TO HAVE ANY CONDITIONS FOR NATURALISATION WAIVED IN ANY CASE; IT IS ENTIRELY AT THE MINISTER’S ABSOLUTE DISCRETION.

Also note: Section 16(2) of the Irish Nationality and Citizenship Act 1956, as amended, defines being of Irish associations as meaning 'related by blood, affinity, adoption to, or is the civil partner of a person who is an Irish citizen'.

Hope that helps!
thanks yes that helped :)

IntegratedMigrant
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Post by IntegratedMigrant » Sat Feb 16, 2013 10:30 pm

You're welcome. Thats my job here (helping serious people that needs it) :)
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doesnotcompute
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Post by doesnotcompute » Wed Feb 20, 2013 11:22 am

Brigid from Ireland wrote:Remember that
'If one of your grandparents is an Irish citizen but none of your parents was born in Ireland, you may become an Irish citizen. You will need to have your birth registered in the Foreign Births Register.' I am not sure if this applies to a grandparent who is a naturalised Irish citizen rather than a citizen by birth, but it may do so, as it may not specify what type of Irish citizen the grandparent must be.
This only applies where a grandparent was born on the island of Ireland (i.e. the 32 counties). If the grandparent in question was naturalised as an Irish citizen, there would be no claim to FBR in the traditional sense.

However, any children born to the naturalised Irish grandparent after naturalisation may claim FBR from the naturalised parent. When that child has children of their own, the grandchildren can become Irish citizens through FBR again, on the basis that their parent was an FBR-ed Irish citizen prior to their birth.

jhbmike
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Post by jhbmike » Wed Feb 20, 2013 12:48 pm

I applied for naturalization after being in Ireland for only 2 years. Applied on the basis of association. Mother was FBR, but only after my birth. Great Grandfather was born in Ireland. Application was approved.

IntegratedMigrant
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Post by IntegratedMigrant » Wed Feb 20, 2013 1:54 pm

jhbmike wrote:I applied for naturalization after being in Ireland for only 2 years. Applied on the basis of association. Mother was FBR, but only after my birth. Great Grandfather was born in Ireland. Application was approved.
As far as im concern, In your case you're entitled to Irish Citizenship unlike others where given them Irish citizenship is an honour and a privilege and not an entitlement.
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Malika
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Post by Malika » Wed Feb 20, 2013 2:33 pm

jhbmike wrote:I applied for naturalization after being in Ireland for only 2 years. Applied on the basis of association. Mother was FBR, but only after my birth. Great Grandfather was born in Ireland. Application was approved.
You were entitled to Citizenship, you didn't need to get Naturalisation as your grandparent was Irish citizen......................different kettle of fish for an immigrant who gets Naturalised. Even after going through that process, the citizenship comes with condition if one decides to reside elsewhere besides Ireland.

Regards,
'If you compare yourself to others,you may become vain and bitter; for always there will be greater and lesser persons than yourself'............DESIDERATA

bebo1901
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Post by bebo1901 » Wed Feb 20, 2013 3:26 pm

jhbmike wrote:I applied for naturalization after being in Ireland for only 2 years. Applied on the basis of association. Mother was FBR, but only after my birth. Great Grandfather was born in Ireland. Application was approved.
Hey, could you please tell me what do FBR stand for?

In your case if any parent, grand or grand grand grand parent was born on the island of Ireland, this is called Irish citizenship by decent and not Irish associations.
People mix between the two and by decent, in this case it is very different.
by decent, you can go to any Irish Embassy and get your Irish ctizenship as far as i know, you don't have to be even in Ireland...

IntegratedMigrant
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Post by IntegratedMigrant » Wed Feb 20, 2013 3:39 pm

bebo1901 wrote:Hey, could you please tell me what do FBR stand for?
Foreign Birth Register
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jhbmike
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Post by jhbmike » Wed Feb 20, 2013 4:38 pm

I wasnt automatically entitled to it. I never said my grandfather was born in Ireland. I said my great grandfather was. My mom was automatically entitled to Irish citizenship, but because she never exercised that right before I was born, the chain was broken, hence the application for naturalisation.

Malika
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Post by Malika » Thu Feb 21, 2013 12:39 pm

jhbmike wrote:I wasnt automatically entitled to it. I never said my grandfather was born in Ireland. I said my great grandfather was. My mom was automatically entitled to Irish citizenship, but because she never exercised that right before I was born, the chain was broken, hence the application for naturalisation.
Being a blood relative played to your advantage as opposed to an immigrant whose sole connection to Ireland is via residency.

Regards,
'If you compare yourself to others,you may become vain and bitter; for always there will be greater and lesser persons than yourself'............DESIDERATA

bebo1901
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Post by bebo1901 » Sat Feb 23, 2013 9:52 am

Malika wrote:
jhbmike wrote:I wasnt automatically entitled to it. I never said my grandfather was born in Ireland. I said my great grandfather was. My mom was automatically entitled to Irish citizenship, but because she never exercised that right before I was born, the chain was broken, hence the application for naturalisation.
Being a blood relative played to your advantage as opposed to an immigrant whose sole connection to Ireland is via residency.

Regards,

my father is a naturalized Irish citizen but i have only been in Ireland 2 years, do u think this would play to my advantage if i apply now and exercise the Minister's discretion on waiving the residency conditions? and do u think if i apply now and it gets refused, would this refusal affect my application when i apply next year?

Thanks :)

IntegratedMigrant
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Post by IntegratedMigrant » Sat Feb 23, 2013 12:25 pm

bebo1901 wrote:my father is a naturalized Irish citizen but i have only been in Ireland 2 years, do u think this would play to my advantage if i apply now and exercise the Minister's discretion on waiving the residency conditions? and do u think if i apply now and it gets refused, would this refusal affect my application when i apply next year?

Thanks :)
Someone here on this thread said that he applied after 2 years and was approved. If his story is legit, you may as well try.

But I personally think you have better chances of your application being approved after 3 years than 2 years.
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bebo1901
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Post by bebo1901 » Sat Feb 23, 2013 4:07 pm

IntegratedMigrant wrote:
bebo1901 wrote:my father is a naturalized Irish citizen but i have only been in Ireland 2 years, do u think this would play to my advantage if i apply now and exercise the Minister's discretion on waiving the residency conditions? and do u think if i apply now and it gets refused, would this refusal affect my application when i apply next year?

Thanks :)
Someone here on this thread said that he applied after 2 years and was approved. If his story is legit, you may as well try.

But I personally think you have better chances of your application being approved after 3 years than 2 years.
i totally agree with u, i don't mind if i apply after 3 years but the one year continuous residence is what bothering me really, does it mean I should not leave Ireland for one continuous year or just to have the GNIB stamp of one year?

Thanks :)

IntegratedMigrant
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Post by IntegratedMigrant » Sat Feb 23, 2013 6:33 pm

bebo1901 wrote:i totally agree with u, i don't mind if i apply after 3 years but the one year continuous residence is what bothering me really, does it mean I should not leave Ireland for one continuous year or just to have the GNIB stamp of one year?

Thanks :)
Oh no!, dont let that bother you again. You can leave and come back to Ireland as you please and that does not affect your continuous residence whatsoever.

Continuous residence simply means that you are residence in Ireland but the crucial part is you don't have any gap on your STAMP

I'll explain

e'g

(Person A) Stamp expires on the 23/02/13, He wants to apply for Naturalisation on the 20/02/14, he applied earlier and a new stamp was issued to him prior to the date of the expiry date of the old stamp. He will have no problem with Continuous residence as there was no gap on his stamp.

(Person B) Stamp expires on the 23/02/13, He wants to apply for Naturalisation on the 20/02/14, he applied late and a new stamp was issued to him on the 25/02/13, this is a problem because there is a 2 days gab between his stamp and therefore will fail the Continuous residence requirements for 1 year prior to the date of application.

Hope that helps?
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IntegratedMigrant
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Post by IntegratedMigrant » Sat Feb 23, 2013 6:56 pm

In order words, make sure you have no gaps on your Stamp for 1 year prior to the date of your Naturalisation application
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bebo1901
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Post by bebo1901 » Sun Feb 24, 2013 11:47 am

IntegratedMigrant wrote:
bebo1901 wrote:i totally agree with u, i don't mind if i apply after 3 years but the one year continuous residence is what bothering me really, does it mean I should not leave Ireland for one continuous year or just to have the GNIB stamp of one year?

Thanks :)
Oh no!, dont let that bother you again. You can leave and come back to Ireland as you please and that does not affect your continuous residence whatsoever.

Continuous residence simply means that you are residence in Ireland but the crucial part is you don't have any gap on your STAMP

I'll explain

e'g

(Person A) Stamp expires on the 23/02/13, He wants to apply for Naturalisation on the 20/02/14, he applied earlier and a new stamp was issued to him prior to the date of the expiry date of the old stamp. He will have no problem with Continuous residence as there was no gap on his stamp.

(Person B) Stamp expires on the 23/02/13, He wants to apply for Naturalisation on the 20/02/14, he applied late and a new stamp was issued to him on the 25/02/13, this is a problem because there is a 2 days gab between his stamp and therefore will fail the Continuous residence requirements for 1 year prior to the date of application.

Hope that helps?
OHhhh! cheers thanks! that's great news!

immi.q
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Re: Naturalization through Irish Associations

Post by immi.q » Fri May 16, 2014 4:00 pm

Hi all,
I have a question about naturalisation based on Irish association.My Daughter is an Irish Citizen and i have 3 year reckonable residency.So i want to apply for naturalisation based on her.Am i eligible to apply under irish association.As you know minimum requirement for Reckonable residency if you apply under Irish association is 3 years completly depend on minister absolute discretion.5 years i understand is just a standard requirement.
So question is if i apply for naturalisation under Irish association based on my daughter Irish citizenship will it be valid application for naturalisation or not?
Did any body see similar case like this which was approved???

immi.q
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Re: Naturalization through Irish Associations

Post by immi.q » Tue May 27, 2014 1:28 pm

Hi all,
I have a question about naturalisation based on Irish association.My Daughter is an Irish Citizen and i have 3 year reckonable residency.So i want to apply for naturalisation based on her.Am i eligible to apply under irish association.As you know minimum requirement for Reckonable residency if you apply under Irish association is 3 years completly depend on minister absolute discretion.5 years i understand is just a standard requirement.
So question is if i apply for naturalisation under Irish association based on my daughter Irish citizenship will it be valid application for naturalisation or not?
Did any body see similar case like this which was approved??? :roll:

adeel.azmat
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Re: Naturalization through Irish Associations

Post by adeel.azmat » Tue May 27, 2014 3:28 pm

Hi immi.q,

Do you know if the child needs to be in the country for 3 years or any duration. My son is 1 year and is Irish, can I apply on his behalf (been here more than 3 years).

Thanks.

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