Non-nationals who marry Irish citizens after next week will no longer have the automatic right to acquire Irish citizenship after a certain period of marriage.
A new law aimed at discouraging fraudulent marriages will make it more difficult for foreign spouses of Irish citizens to themselves become citizens, chiefly by imposing a condition that they must reside in Ireland for a specific period. This residency requirement will have implications for thousands of non-national spouses of Irish citizens living abroad who marry on or after November 30th, when the law takes effect.
Currently, non-nationals who wed Irish citizens can themselves attain citizenship simply by making a post-nuptial declaration after three years of marriage. This applies regardless of whether they live in Ireland. However, under the Irish Nationality and Citizenship Act 2001, they will have to apply to the Department of Justice, Equality and Law Reform for a certificate of naturalisation based on marriage to an Irish citizen.
The certificate may be granted at the Minister's discretion, subject to certain conditions, including a new requirement that the non-national spouses show they have lived in Ireland for three out of the previous five years. They must also have spent the last year living on the island of Ireland continuously.
Applicant spouses must also intend to continue to reside in the island of Ireland after naturalisation.
These naturalisation requirements for spouses of Irish citizens resemble the requirements for non-nationals without Irish spouses, who must show they have lived in the State for a total of five out of the previous nine years, of which the most recent year's residence must be continuous.
The new provisions will not apply to spouses of Irish citizens who marry before November 30th, who can apply for a post-nuptial declaration of citizenship in the transitional period up until November 30th, 2005.
For those living abroad, this declaration can be lodged directly with any Irish diplomatic mission or consular office. Irish embassies abroad have posted information on the imminent changes and notified people that they would provide advice and assistance on the changes.
There had been reports of abuse of the current law in the past, with reports that some Irish citizens in London and other cities had accepted money for contrived marriages to non-EU nationals who wanted eventually to acquire an Irish passport. After three years, the non-national spouses could declare themselves Irish citizens, thus entitling them to live in Ireland or any other EU state.
The legislation was criticised when it passed through the Seanad for restricting the entitlements of spouses of Irish citizens. It will also give effect to certain measures in the Belfast Agreement, including the provision that everyone born on the island of Ireland is entitled to be an Irish citizen.