Irish nationality law
Overview
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
governing citizenship. A person may be an Irish citizen through birth, descent, marriage to an Irish citizen or through naturalisation
Naturalization
Naturalization is the acquisition of citizenship and nationality by somebody who was not a citizen of that country at the time of birth....
. Irish nationality law is currently contained in the provisions of the Irish Nationality and Citizenship Acts 1956 to 2004 and in the relevant provisions of the Irish Constitution
Constitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
. The law extends to the whole of the island of Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
, including Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
.
A person born on the island of Ireland on or after 1 January 2005:
- is automatically an Irish citizen if he or she is not entitled to the citizenship of any other country; or
- is entitled to be an Irish citizen if at least one of his or her parents is:
- an Irish citizen (or someone entitled to be an Irish citizen);
- a British citizen;
- a resident of the island of Ireland who is entitled to reside in either the Republic or in Northern Ireland without any time limit on that residence; or
- a legal resident of the island of Ireland for three out of the 4 years preceding the child's birth (although time spent as a student or as an asylum seeker does not count for this purpose).
A person who is entitled to become an Irish citizen becomes an Irish citizen if:
- he or she does any act that only Irish citizens are entitled to do; or
- any act that only Irish citizens are entitled to do is done on his of her behalf by a person entitled to do so.
Ireland previously had a much less diluted application of jus soli
Jus soli
Jus soli , also known as birthright citizenship, is a right by which nationality or citizenship can be recognized to any individual born in the territory of the related state...
(the right to citizenship of the country of birth) which still applies to anyone born on or before the 31 December 2004.
Although passed in 2001, the applicable law was deemed enacted on 2 December 1999 and provided that anyone born on the island of Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
is:
- entitled to be an Irish citizen and,
- automatically an Irish citizen if he or she was not entitled to the citizenship of any other country.
The previous legislation was largely replaced by the 1999 changes, which were retrospective in effect.
