Naturalisation for parent of an Irish citizen

lukester

Just wondering if anyone here can answer this- have Googled for ages but no joy.

I'm an Irish citizen, born and grew up here, and my partner is from North America. We're expecting a baby in a few months. I won't bore you with the details, but she has the appropriate certs to work here for the next few years.

As the child will be an Irish citizen, what will my partner's status be as its parent? Would she have to apply for naturalisation in the usual manner? She has the reckonable residency allowance already, but just wondered if being the parent of an Irish citizen would alter the process.

I'm aware of the current legislation for non-EU parents of an Irish citizen, i.e. that they are not automatically entitled to citizenship, but I wondered if it's different in our case as I am an Irish citizen myself.

Victor

Marriage is one solution - if thats on the cards. However, there is a huge log-jam of requests - I think 2+ years. EAch option will take a few years anyway. You best option is an immigration solicitor.

walrusgumble

lukester wrote: »

Just wondering if anyone here can answer this- have Googled for ages but no joy.

I'm an Irish citizen, born and grew up here, and my partner is from North America. We're expecting a baby in a few months. I won't bore you with the details, but she has the appropriate certs to work here for the next few years.

As the child will be an Irish citizen, what will my partner's status be as its parent? Would she have to apply for naturalisation in the usual manner? She has the reckonable residency allowance already, but just wondered if being the parent of an Irish citizen would alter the process.

I'm aware of the current legislation for non-EU parents of an Irish citizen, i.e. that they are not automatically entitled to citizenship, but I wondered if it's different in our case as I am an Irish citizen myself.

as you are aware, the right of a child born in ireland to non national parents is governed by section 6a of the citizenship act. now assuming your partner has legally resided in the state for three years (time as student does not count) then the child would be entitled to citizenship.

however, as the child has an irish parent the child's citizenship derives from section 6 and 7 (by decent). however, none of this will grant citizenship for partner on the grounds of parentage to a citizen child soley on this basis. in fact parentage wont not even guarantee residency soley on this basis, (note lobe 2003) however, still an application could be made on this basis

as the previous post stated, best bet would be to marry. after three years of marriage and legal residance in the state (ie work permit holder or stamp 4 on basis of marriage, or stamp 4 on other basis) then she can make an application for citizenship. until then, she should continue as she is (assuming she is here already.

an application for residency should be made to the inis (assuming her she has no status or is merely on a stamp 1 (get a stamp 4)) on the basis of her family being irish. stamp 4 is the best as one can freely work and start up business etc without furether permission from minister.

it would help if you were married due to the law's ridiculous attitude to the interpretation of the "family unit" under art 41. However, so long as you could show that the partnership is a defacto family unit, this will help

conclusion

if partner is here already
and has a stamp 1 work permit, maybe an application for a stamp 4 could be made on basis of parentage to citizen child and relationship

if on stamp 4 already for whatever reason, she should either wait until 5 years and apply or get married and wait three.

either way, like th elast post said, it will take at least 1-1 1/2 years (wait no later than this and go to immigration solicitor)

lukester

Thanks for the informative replies.

My partner is already on a stamp 4, and has the 5 years reckonable residence requirement now, so probably simplest if she just applies on that basis. I just wondered if being the parent of an Irish citizen would expedite matters, but it appears to make no difference.

Thanks again

walrusgumble

lukester wrote: »

Thanks for the informative replies.

My partner is already on a stamp 4, and has the 5 years reckonable residence requirement now, so probably simplest if she just applies on that basis. I just wondered if being the parent of an Irish citizen would expedite matters, but it appears to make no difference.

Thanks again

she is on a stamp 4 now and 5 years here. great apply now. as for being a parent i am afraid not. it would always be advisable to not really rely on marriage in case something happens with the relationship in time to come. still he has status on her own basis which is good.

before making the application, make sure she has one year continous residency. the other thing, and i hope i do not alarm you, it would be advisable that she has not relied upon state resources (excluding child benefit, more to do with unemployment benefit) as minister seems to have this secret rule of requiring an applicant to be "self sufficent" for three years prior to application

lukester

She has been self-sufficient for her entire time here, and has never claimed unemployment benefit, so no issue there, but good to know.

The law in this area seems very vague, I know my partner spent hours poring over department websites trying to establish her exact status. Things also appear to have been changing a good bit over her time here.

Hobbes

If you are married, your wife is still American.
If you have a child that child is Irish (because you are) and is born in Ireland. Your wife remains American.

Your wife would have to apply for citzenship if she wishes to become Irish.

She is legally allowed to stay in Ireland though (once GNIB approve). Being legally allowed to stay here is not the same as being a citizen.