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Legal Reform Bill to Reduce Waiting Times for Citizenship of Children Born in Ireland

Since the citizenship referendum, which was enacted in 2004, babies born to non-Irish residents in the State have an automatic right to Irish citizenship only if one of the parents is an Irish citizen or is entitled to be one.

Family

A new legal reform bill will see waiting times reduced for citizenship applications for children born to non-Irish parents in Ireland.

The bill, which is in the priority drafting phase, would see waiting times reduced from five to three years for residency requirements for naturalisation of Irish-born children.

Since the citizenship referendum, which was enacted in 2004, babies born to non-Irish residents in the State have an automatic right to Irish citizenship only if one of the parents is an Irish citizen or is entitled to be one.

Cause for Concern

Speaking to the fact that children born in the State to non-Irish parents do not have an automatic right to Irish citizenship, Minister of State for Law Reform James Browne said it had been a “cause for concern for some”.

“We fully respect the change made by the Irish people in the 2004 referendum; however, we believe that providing a shorter pathway to citizenship is the right thing to do for these children,” he said.


“We are reducing the residency requirement from five years to three years. The Bill will also set out clear procedures that will apply where a citizenship application is made on behalf of a child.”

The Courts and Civil Law (Miscellaneous Provisions) Bill also aims to change the condition for “continuous residence” in the State, a requirement for all people who intend to apply for naturalisation.

Reduction of Continuous Residence Requirement

“Following court judgments on the continuous residence requirement, we are amending the continuous residence requirement to allow for total absences of up to 70 days from the State in the year preceding the citizenship application being made. Up to a further 30 days may also be allowed where necessitated by exceptional circumstances”, Minister Browne said.

A number of other measures will also be put forward by the new bill, including a provision to allow new legal partnerships that would enable barristers and solicitors to jointly provide legal services for the first time. Additionally, the bill will also propose to have the number of judges in the High Court increased by five.

It is intended that the bill will be published in the summer session, according to the Department of Justice in conjunction with the Office of the Attorney General.





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