Good afternoon,
Well, it appears as though what you have read is true. Apparently applications for Post-Nupial Declarations can only be made if you were married before November 30 2002, and all applications must be made before Novemeber 29 2005.
In any case, rules for a post-nuptial declaration states that the non-Irish person/spouse must be married to an Irish citizen for 3 years before applying. Furthermore, the Irish citizen to whom the non-Irish is married must not have obtained their own citizenship through naturalization, a separate post-nuptial declaration (from a pervious marriage) or through a grant of citizenship as a token of honor. Also the partners in the marriage have to prove that they have beein living as a married couple recognized under Irish law as well as pay 127.00 Euros and wait 6 months for police backgound checks...etc...
This information about the Novemeber 2002 business falls under a document published by the Department of Justice citing the Irish Nationality and Citizenship Act (1991) where it states that a non-national who maried an Irish citizen on or after Nov 30/02 can only apply for citizenship through the naturalization process. It then instructs you to see Citizenship Leaflet #3.
Ok, all is not lost yet, let's see what you can do. The naturalization process is applied when a non-Irish national has been living/working here legally for a total of 5 years. It is a simple application form which requires a background check from the police and personal references. There is no citizenship test or formal interview. The non-national must show proof of legal residence through immigration passport stamps, Garda registration cards, pay slips, tax forms, etc.... It takes 18 months to process the application and you just gotta wait, however, her application may be fast-tracked on the basis that she is married to an Irish citizen. The naturalization process is completely up to the Ministers decision and he can waiver any/all requirements (such as the length of residence) if he sees fit, so it may still be feasible for you.
First thing I would do is get a copy of the Citizenship Leaflet #3 and review all the current leglislation. Next, contact the Department of Justice on Burgh Quay in Dublin and ask them what your offical options are. Let's face it you are not the only Irish person married to a non-national since Novemeber 2002, there has to be a process for you. The Department of Justice is at
www.justice.ie and has all phone/fax and mailing address. I got the basic information (with no government jargon!!) on
www.oasis.gov.ie
Good luck, there must be a way that you guys can come here legally and live/work, I just can't imagine otherwise!
Regards,
Maria