Naturalisation Question

johnpromise01 · Post by **johnpromise01** » Thu Jun 18, 2020 11:01 am

Asking on behalf of a friend.

His child was born in Ireland but not entitled to Irish citizen because the child need to complete the 5 years residency requirement before he can apply for Naturalisation. My friend as the father of the child is now a naturalised Irish citizen. Can he apply for Naturalisation on behalf of his child based on "child of a parent who is now a naturalised Irish citizen? Or the child must complete the required 5 years residency like his father?

johnpromise01 · Post by **johnpromise01** » Fri Jun 19, 2020 5:35 am

Any information?

AndrewJay24 · Post by **AndrewJay24** » Fri Jun 19, 2020 11:32 pm

johnpromise01 wrote: ↑
Thu Jun 18, 2020 11:01 am
Asking on behalf of a friend.

His child was born in Ireland but not entitled to Irish citizen because the child need to complete the 5 years residency requirement before he can apply for Naturalisation. My friend as the father of the child is now a naturalised Irish citizen. Can he apply for Naturalisation on behalf of his child based on "child of a parent who is now a naturalised Irish citizen? Or the child must complete the required 5 years residency like his father?

John,

There is simply no way to give any useful answer to this query without any further - more specific - information, particularly on the nationality or immigration status at least one parent. What is the nationality/immigration status of the parent?

A child born in the State to a Non-national who has resided in Ireland on a certain permission for a period of three out of the previous four years may be born an Irish national. But it would depend on the type of permission the parent(s) has/have.

A.

johnpromise01 · Post by **johnpromise01** » Sat Jun 20, 2020 12:20 am

AndrewJay24 wrote: ↑
Fri Jun 19, 2020 11:32 pm

johnpromise01 wrote: ↑
Thu Jun 18, 2020 11:01 am
Asking on behalf of a friend.

His child was born in Ireland but not entitled to Irish citizen because the child need to complete the 5 years residency requirement before he can apply for Naturalisation. My friend as the father of the child is now a naturalised Irish citizen. Can he apply for Naturalisation on behalf of his child based on "child of a parent who is now a naturalised Irish citizen? Or the child must complete the required 5 years residency like his father?
John,

There is simply no way to give any useful answer to this query without any further - more specific - information, particularly on the nationality or immigration status at least one parent. What is the nationality/immigration status of the parent?

A child born in the State to a Non-national who has resided in Ireland on a certain permission for a period of three out of the previous four years may be born an Irish national. But it would depend on the type of permission the parent(s) has/have.

A.

He was granted stamp4 but he hasn't resided 3 years with his stamp4 at the time of birth of his child, which means the child didn't qualify for Irish citizenship. His stamp4 is extended to his child so child is covered with his dad's stamp4. My friend is now a naturalized Irish citizen after he completed his 5 years on stamp4, but his child is yet to complete 5 years residency even though he was born in Ireland.

As my friend is now a naturalized Irish citizen, can he apply for Irish citizenship by naturalization on behalf of his child, even though the child hasn't completed 5 years residency?

Do you understand now?

littlerr · Post by **littlerr** » Sat Jun 20, 2020 1:30 am

If the child has lived in Ireland for 3 years, and the parent is a naturalised Irish citizen having lived in Ireland for 5 years, use Form 9;
If the child has lived in Ireland for 5 years, use Form 11.

johnpromise01 · Post by **johnpromise01** » Sat Jun 20, 2020 9:07 am

littlerr wrote: ↑
Sat Jun 20, 2020 1:30 am
If the child has lived in Ireland for 3 years, and the parent is a naturalised Irish citizen having lived in Ireland for 5 years, use Form 9;
If the child has lived in Ireland for 5 years, use Form 11.

Yes the child has lived in Ireland for 3 years, and the parent is a naturalized Irish Citizen having lived in Ireland for 5 years. However, the parent think his child need to live in Ireland for 5 years before he can qualify to apply for Irish citizenship by naturalization in his own right.

My friend believes that his own naturalized Irish citizen status will have no effect on his child who is yet to lived in Ireland for 5 years.

Is there any link on INIS so I can show him to understand that he can apply on behalf of his child because the child has in Ireland for 3 years and he as his parent is a naturalised Irish citizen having lived in Ireland for 5 years.

littlerr · Post by **littlerr** » Sat Jun 20, 2020 9:17 am

The official form 9 will have a section of ‘who can use this form’ or ‘who is this for’. It should explain that the child just needs 3 years.

AndrewJay24 · Post by **AndrewJay24** » Mon Jun 22, 2020 1:18 am

johnpromise01 wrote: ↑
Sat Jun 20, 2020 9:07 am

littlerr wrote: ↑
Sat Jun 20, 2020 1:30 am
If the child has lived in Ireland for 3 years, and the parent is a naturalised Irish citizen having lived in Ireland for 5 years, use Form 9;
If the child has lived in Ireland for 5 years, use Form 11.
Yes the child has lived in Ireland for 3 years, and the parent is a naturalized Irish Citizen having lived in Ireland for 5 years. However, the parent think his child need to live in Ireland for 5 years before he can qualify to apply for Irish citizenship by naturalization in his own right.

My friend believes that his own naturalized Irish citizen status will have no effect on his child who is yet to lived in Ireland for 5 years.

Is there any link on INIS so I can show him to understand that he can apply on behalf of his child because the child has in Ireland for 3 years and he as his parent is a naturalised Irish citizen having lived in Ireland for 5 years.

John,

If the parent is an Irish citizen, and the child was born after the parent was granted Irish citizenship, then the child is Irish by birth if the child was born in Ireland. There is no need to apply for naturalisation at all. Here is a link to the section of the INIS website which has a "Citizenship Eligibility Guide". There you will see it say that if the child is born in Ireland after on or after January 1st 2005, and one parent is Irish, then the child is Irish and may apply to the Dept of Foreign Affairs for a Passport. https://www.irishimmigration.ie/citizen ... r-descent/

If you can clarify when the parent got citizenship, you will then have your answer in respect of my response at least.

(For what it's worth here with supposed key-board experts, I do practice immigration law...)

J.

johnpromise01 · Post by **johnpromise01** » Mon Jun 22, 2020 3:53 am

AndrewJay24 wrote: ↑
Mon Jun 22, 2020 1:18 am

johnpromise01 wrote: ↑
Sat Jun 20, 2020 9:07 am

littlerr wrote: ↑
Sat Jun 20, 2020 1:30 am
If the child has lived in Ireland for 3 years, and the parent is a naturalised Irish citizen having lived in Ireland for 5 years, use Form 9;
If the child has lived in Ireland for 5 years, use Form 11.
Yes the child has lived in Ireland for 3 years, and the parent is a naturalized Irish Citizen having lived in Ireland for 5 years. However, the parent think his child need to live in Ireland for 5 years before he can qualify to apply for Irish citizenship by naturalization in his own right.

My friend believes that his own naturalized Irish citizen status will have no effect on his child who is yet to lived in Ireland for 5 years.

Is there any link on INIS so I can show him to understand that he can apply on behalf of his child because the child has in Ireland for 3 years and he as his parent is a naturalised Irish citizen having lived in Ireland for 5 years.
John,

If the parent is an Irish citizen, and the child was born after the parent was granted Irish citizenship, then the child is Irish by birth if the child was born in Ireland. There is no need to apply for naturalisation at all. Here is a link to the section of the INIS website which has a "Citizenship Eligibility Guide". There you will see it say that if the child is born in Ireland after on or after January 1st 2005, and one parent is Irish, then the child is Irish and may apply to the Dept of Foreign Affairs for a Passport. https://www.irishimmigration.ie/citizen ... r-descent/

If you can clarify when the parent got citizenship, you will then have your answer in respect of my response at least.

(For what it's worth here with supposed key-board experts, I do practice immigration law...)

J.

The child was born in Ireland a year after the parent was granted stamp4, which means the child didn't qualify for Irish Citizenship at the time of his birthday.

One of the parents just became an Irish citizen by naturalization. At the moment the child continue to reside in the state in other to meet up the 5 years residency requirement in other to qualify to apply for citizenship by naturalization in his own right.

But I think littler was right because based on what's stated on the form 9, it seems the child is qualified to apply for Irish citizenship by naturalization as the child has now spent 3 years in Ireland and his parent is now an Irish citizen by naturalization.

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