Question about naturalization application form

alegalalien

Hi Buddies,

I just wonder, in the application form for naturalization, 3 Irish references:
- Can I just type the information of 3 Irish References and let them sign it or I should let them fill in by themselves ?

- For the 5 years reckonable residency, do we need to be in Ireland physically for 5 years ?

Thank you very much.

Cody Pomeray

alegalalien wrote: »

I just wonder, in the application form for naturalization, 3 Irish references:
- Can I just type the information of 3 Irish References and let them sign it or I should let them fill in by themselves ?

Either one; it doesn't matter so long as they sign it.

For the 5 years reckonable residency, do we need to be in Ireland physically for 5 years ?

No. Section 15 of the Irish Nationality and Citizenship Act, 1956, as substituted by s. 4 of the Irish Nationality and Citizenship Act, 1986, as amended, provides that:

(1) Upon receipt of an application for a certificate of naturalisation, the Minister may, in his absolute discretion, grant the application, if satisfied that the applicant— [...]

(c) has had a period of one year's continuous  residence in the State immediately before the date of the application and, during the eight years immediately preceding that period, has had a total residence in the State amounting to four years;

Evidence of continuous/ residence includes utility bills, lease/rental agreements, employment contracts and payslips, social insurance record, etc.

Note that even if you meet the statutory criteria, the minister has absolute discretion. The law has still not moved away from a sovereign approach to Irish citizenship, whereby there is no automatic right to citizenship in existence.

Pro Hoc Vice

Cody Pomeray wrote: »

Either one; it doesn't matter so long as they sign it.



No. Section 15 of the Irish Nationality and Citizenship Act, 1956, as substituted by s. 4 of the Irish Nationality and Citizenship Act, 1986, as amended, provides that:



Evidence of continuous/ residence includes utility bills, lease/rental agreements, employment contracts and payslips, social insurance record, etc.

Note that even if you meet the statutory criteria, the minister has absolute discretion. The law has still not moved away from a sovereign approach to Irish citizenship, whereby there is no automatic right to citizenship in existence.

In relation to absolute discretion the recent case of Mallak v Minister For Justice & Ors [2012] IESC 59 rows back on previous case law and says that while the minister has discretion in his absolute power, he must give reasons and same are reviewable. It does remain as you said that there is no automatic right to naturalisation, but any refusal must be reasonable.

alegalalien

@Cody_Pomeray: Once again, thanks alot for your timely and helpful responses
@Inforsys: Thanks for this detail, it makes us feel more comfortable when apply.

Cody Pomeray

infosys wrote: »

In relation to absolute discretion the recent case of Mallak v Minister For Justice & Ors [2012] IESC 59 rows back on previous case law and says that while the minister has discretion in his absolute power, he must give reasons and same are reviewable.

There was a lot of undeserved hype about Mallak.

1. It is a misunderstanding of Mallak to say the Minister must give reasons. The court found there to be a general duty, not a universal duty.

2. The reasons for the Minister's decision on a citizenship application, where given, were always reviewable - some had been quashed in the past.

3. The idea that a Minister's discretion - where reasons are given - has to be reasonable goes back to Daly v. Minister for Agriculture at the very latest. It is not new.

In any event, my point was simply that there exists no automatic right, even where the statutory criteria are met.

Having said that, it would be wrong to presume the OP should meet any obstacle. Most people get through the process without any hitch once they meet the criteria.