Clarification Regarding Irish Citizenship through Descent

[Hoplite]

Hello, First time posting to this Forum and am doing so because I'm not sure where to ask this question in any official way.

I recently became interested in acquiring Irish Citizenship via Descent by registering through the Foreign Birth Registry but am a little perplexed based on the wording of the requisites as to whether I can apply or not.

Here's my descent background: My Great-Grandparents were born in Ireland and immigrated to Canada in the early 1900s where they had my Grandma. I am wondering if I can claim through descent based off of my Grandma and it is a bit cloudy as to whether I can.

I reference this table in my wonderings: http://www.citizensinformation.ie/en/mo ... tml#l1f4da



So normally because my parents did not register themselves before I was born I cannot claim descent but there is a caveat in the law that guides all of this:

"(2) Every person is an Irish citizen if his father or mother was an Irish citizen at the time of that person's birth or becomes an Irish citizen under subsection (1) or would be an Irish citizen under that subsection if alive at the passing of this Act."

My Mother was born in 1954 and as such was both born before and was obviously alive up to and during the enactment of this law and as such (as best as I can read with my legal knowledge) an Irish citizen being that she was born to my Grandmother. My Grandmother was born to two Irish Citizens in 1919 and as such should automatically be considered an Irish Citizen and then of course my Mother was born to her in 1954 (before this act that sets the guidelines posted above) and being born before 1956 to an Irish Parent should automatically be considered a citizen as well.

This finally gets me all the way around to my wondering. If given all that above would I then be able to claim Citizenship by descent because technically my Mother need not have registered as being an Irish Citizen cause she is assumed to be?



I know this is all very complicated and probably I'd need to go contact an Irish Lawyer to truly check that, but... what does everyone think yes I should look into it? or if anyone has any suggestions of where I can ask this and get an official response (be it a Lawyer or some government website) I'd appreciate that.

[Malika]

Hello, First time posting to this Forum and am doing so because I'm not sure where to ask this question in any official way.

I recently became interested in acquiring Irish Citizenship via Descent by registering through the Foreign Birth Registry but am a little perplexed based on the wording of the requisites as to whether I can apply or not.

Here's my descent background: My Great-Grandparents were born in Ireland and immigrated to Canada in the early 1900s where they had my Grandma. I am wondering if I can claim through descent based off of my Grandma and it is a bit cloudy as to whether I can.

I think you can as it is stated by law........you need to register with the foreign birth. the link below is for the department that deals with Immigration and citizenship.
http://www.inis.gov.ie/en/INIS/Pages/WP11000024

I reference this table in my wonderings: http://www.citizensinformation.ie/en/mo ... tml#l1f4da

This website is also very informative.

So normally because my parents did not register themselves before I was born I cannot claim descent but there is a caveat in the law that guides all of this:

"(2) Every person is an Irish citizen if his father or mother was an Irish citizen at the time of that person's birth or becomes an Irish citizen under subsection (1) or would be an Irish citizen under that subsection if alive at the passing of this Act."

My Mother was born in 1954 and as such was both born before and was obviously alive up to and during the enactment of this law and as such (as best as I can read with my legal knowledge) an Irish citizen being that she was born to my Grandmother. My Grandmother was born to two Irish Citizens in 1919 and as such should automatically be considered an Irish Citizen and then of course my Mother was born to her in 1954 (before this act that sets the guidelines posted above) and being born before 1956 to an Irish Parent should automatically be considered a citizen as well.

This finally gets me all the way around to my wondering. If given all that above would I then be able to claim Citizenship by descent because technically my Mother need not have registered as being an Irish Citizen cause she is assumed to be?

You need not worry about your mother not being registered...............use your Grandma to claim Citizenship. search this forum for other posts on FBR and gather the relevant information and what documents you need to include with your application.

I know this is all very complicated and probably I'd need to go contact an Irish Lawyer to truly check that, but... what does everyone think yes I should look into it? or if anyone has any suggestions of where I can ask this and get an official response (be it a Lawyer or some government website) I'd appreciate that.

You can do it yourself, no need for a lawyer. Based on what you have written, you have an entitlement to citizenship through your grandma provided you can show proof to that entitlement. e.g your grandmother's and mother's birth certificate.
Regards,

[Brigid from Ireland]

Try to register in the Foreign Births Register. See what happens.

Did a parent or grandparent hold an Irish passport at any time? If they did, and if you can get a photocopy of it, that would be an advantage.

[greg131]

Hi,

I appreciate this topic has had no replies for over a year now however I am curious as to how Hoplite went in their quest for Irish citizenship as I'm in a very similar situation.

I was born in Australia in 1984, my father born in Australia in 1948, his mother born in Australia in 1911 and her father (my great grandfather) was born in Ireland in 1872.

Clearly I'm interested in the interpretation of the Irish Nationality and Citizenship Act 1956 as it then applied to people born before it's enactment.

[tev9999]

There is not much traffic here, especially for this topic. I went through the online application and there is no way to enter information about great-grandparents that I can see. The opinions of a bunch of people on the internet are not going to matter much either, so before you invest the time and money in finding all the right documents and the 250 Euro application fee, your best bet is probably to go straight to the source with your question.

I got a one day response via e-mail when I had some questions on my application (based on grandparents). The e-mail address is: foreignbirthregistrations >>>at<<< agriculture.gov.ie. You could also contact your local embassy/consulate who would be processing your application if you get that far.

[Brigid from Ireland]

Hi Greg,

Is your father alive? If yes he should register in Foreign Births Register, and claim his Irish citizenship. He is definitely entitled to it, as the grandchild of a citizen.

Then if you have a child that child is also the grandchild of a citizen, and is entitled to register in FBR. This may apply only to children born to or adopted by you after he registers, so he should register as soon as possible. (It is possible to adopt your own minor child, though I think they might consider it inappropriate if this was the only reason you adopted the child).

The interesting thing about this approach is that if your father gets Irish citizenship, and you then give birth to a child (and just happen to be in Ireland when you give birth) then you can make a Zambrano application to remain in Ireland, as you will be the parent of an Irish citizen. (Child will be getting automatic Irish citizenship from Irish citizen grandfather, and if born in Ireland the parent of the citizen baby cannot easily be deported and basically gets permission to remain under Zambrano until child is 21. The parent applies for citizenship when child is about 6 years.

So the citizenship would skip you, but would pass from your citizen father to his grandchild (your child born after he registers).

This is a roundabout approach, but it may help.

[barnaby]

Is your father alive? If yes he should register in Foreign Births Register, and claim his Irish citizenship. He is definitely entitled to it, as the grandchild of a citizen.

Then if you have a child that child is also the grandchild of a citizen, and is entitled to register in FBR. This may apply only to children born to or adopted by you after he registers, so he should register as soon as possible...

...Child will be getting automatic Irish citizenship from Irish citizen grandfather, and if born in Ireland the parent of the citizen baby cannot easily be deported and basically gets permission to remain under Zambrano until child is 21. The parent applies for citizenship when child is about 6 years.

So the citizenship would skip you, but would pass from your citizen father to his grandchild (your child born after he registers).

Is that true Brigid? I thought that the hypothetical child (not born yet) could only register if its parent was an Irish citizen at the time of the birth, and here that wouldn't be the case.

[Sunpower]

You need not worry about your mother not being registered...............use your Grandma to claim Citizenship. search this forum for other posts on FBR and gather the relevant information and what documents you need to include with your application.

You can do it yourself, no need for a lawyer. Based on what you have written, you have an entitlement to citizenship through your grandma provided you can show proof to that entitlement. e.g your grandmother's and mother's birth certificate.
Regards,

Am I eligible to claim Irish citizenship through descent?

Me - Born in Canada
Mother - Born in Canada
Grandfather - Born in Canada
Great Grandfather - Born in Northern Ireland in 1888 and immigrated to Canada in 1907

If so, what must I do to initiate the process?