Applications based on Irish descent or Irish associations

Here you can read about obtaining Irish citizenship based on Irish descent or association. Please read below about this type of application.

Persons born outside of Ireland who have an Irish national grandparent born in Ireland may obtain Irish citizenship through registration in the Foreign Births Register which is maintained by Department of Foreign Affairs.

In the interests of clarity and transparency officials in ISD are developing guidelines which can be consulted by those making applications on the basis of Irish Associations under Section 16(1)(a) of the Irish Nationality and Citizenship Act 1956. The guidelines are also intended to provide greater clarity to applicants regarding the rationale applied by the Minister in considering such applications and in making a decision. It is intended to publish these guidelines on the ISD website once completed. Work on the guidelines is in its final stage and it is anticipated they will be published later this year.

Section 16 of the Irish Nationality and Citizenship Act 1956, as amended gives the Minister the absolute discretion to waive the statutory conditions in certain circumstances, including where the applicant is of Irish descent or Irish associations (defined as related through blood, affinity or adoption to a person who is or is entitled to be an Irish citizen).

Section 16; (2) For the purposes of this section a person is of Irish associations if:
(a) he or she is related by blood, affinity or adoption to, or is the civil partner of, a person who is an Irish citizen or entitled to be an Irish citizen, or
(b) he or she was related by blood, affinity or adoption to, or was the civil partner of, a person who is deceased and who, at the time of his or her death, was an Irish citizen or entitled to be an Irish citizen.

The fact that the Act provides for the use of discretion should not be taken that it is policy to do so on the sole basis of Irish descent or Irish associations. There is no right or entitlement to have any of the statutory conditions waived even where the applicant comes within the certain circumstances defined. It is entirely at the Minister’s discretion and this discretion is used very rarely and only under the most exceptional and compelling circumstances.

An application under Section 16 of the Act that relies on Irish associations and affinity should be supported by substantive documentation supporting the claim, documentation that in the view of the Minister renders the application exceptional and one where the normal pathways to citizenship provided for under the legislation are not appropriate.

Applications for naturalisation are often received where the applicant seeks the Minister to exercise absolute discretion under Section 16 of the Irish Nationality and Citizenship Act 1956, as amended to waive the statutory conditions on the basis of Irish descent or Irish associations going back two, three or indeed more generations. An association going back two generations without any other link to the State is generally considered as not sufficient to warrant consideration or the waiving of the statutory residence conditions.

Applicants who seek to avail of the discretion provided under Section 16 of the Act are expected to have a reasonable period of lawful residence in the State, generally around 3 years, to show they have some substantial and tangible connection with Irish society and the State. An Irish association through a great-grandparent, (or a grandparent where that grandparent obtained citizenship through naturalisation) and where there is no, or negligible, reckonable residency would generally be deemed insufficient to warrant recommending the Minister exercise absolute discretion to waive the statutory conditions under Section 15 of the Irish Nationality and Citizenship Act 1956, as amended and would result in a refusal.

As citizenship is generally by descent, an application claiming an Irish association by ‘ascent’ (i.e. based on being the parent of Irish citizen children) or through Irish citizen siblings is not considered as sufficient to warrant or justify recommending the Minister exercise absolute discretion to waive the statutory conditions, in the absence of exceptional and compelling reasons.

Generally for Irish Association cases there is a requirement to undertake enhanced enquiries, including with third countries, such checks will include identity and financial checks (anti-money laundering, counter terrorist financing), accordingly the processing time vary considerable.

At present Irish association cases are taking in excess of 30 months to process.