February 17, 2011
By Staff Reporter
Changes to the law on acquisition of Irish citizenship were introduced in 2001. But the Irish government allowed a grace period for eligible applicants in the U.S., and all other countries around the world.
That grace period is set to expire before the end of this year.
As the law currently stands, U.S. or other nationals can apply for Irish citizenship, and its most visible confirmation, a passport, if they have at least one Irish grandparent or parent.
They can also apply if they are married to an Irish citizen. Such a marriage-based application can currently be processed through the Irish Embassy in Washington, D.C., or a consulate in one of four U.S. cities.
That will no longer be the case after Nov. 30 of this year. As a result of the Irish Nationality and Citizenship Act of 2001, the law regarding acquisition of Irish citizenship based on marriage to an Irish citizen was amended to exclude consulates and embassies from the application and checking process.
Applications for citizenship based on marriage are made through a so-called post-nuptial declaration. Declarations can still be submitted to Irish diplomatic offices in the U.S., but that specific avenue will close down as November turns into December.
Instead, it will be necessary to apply to the Department of Justice, Equality and Law Reform in Dublin for a certificate of naturalization based on marriage to an Irish citizen. This will be subject to a number of conditions, not least being resident on the island of Ireland. An applicant will qualify whether he or she lives in the Republic or Northern Ireland.
Between now and Nov. 30 it will still be possible to claim Irish citizenship through marriage while living in the U.S. if an individual is married for at least three years to a person who has been an Irish citizen for at least three years. The eligible applicant will be able to lodge the post-nuptial declaration, with the necessary supporting documentation, at the Washington embassy, or a consulate in New York, Boston, Chicago or San Francisco.
Requirements for Irish citizenship on the basis of entry in the Foreign Births Register — as a result of having an Irish-born grandparent or parent — will remain unchanged.
Back in 2001, as the law was being amended, Irish government documents showed that more than 705,000 Irish passports had been issued by Irish embassies and consulates around the world. This amounted to roughly one quarter of the 2.72 million Irish passports in circulation at that time.
The documents did not specifically show just how many were issued as a result of marriage to an Irish citizen.
Details on the coming post-nuptial regulation changes are available from Irish consular offices, or the embassy’s website at www.irelandemb.org.