Passport Entitlement After Divorce

katie103

Hi Guys,

I've had a hard time finding this info online and am wondering if anyone knows some details. My ex has obtained citizenship through our marriage, but we have recently decided to separate and eventually divorce. Will he retain his rights to Irish citizenship once we file for separation? We were married after 2005 and I am aware that the law has changed but I don't know how it effects us. I appreciate any help!

Toots

Moved to Separation & Divorce

drquirky

katie103 wrote: »

Hi Guys,

I've had a hard time finding this info online and am wondering if anyone knows some details. My ex has obtained citizenship through our marriage, but we have recently decided to separate and eventually divorce. Will he retain his rights to Irish citizenship once we file for separation? We were married after 2005 and I am aware that the law has changed but I don't know how it effects us. I appreciate any help!

I would be very surprised if he lost citizenship rights over this- surely once someone is a citizen they can't be stripped of it for a divorce lol?

katie103

I wouldn't think so either, but the information isn't really up anywhere online in a clear way...

seamus

Once citizenship has been obtained through whatever avenue, it can only be revoked by the Minister for Justice

http://www.citizensinformation.ie/en/moving_country/irish_citizenship/becoming_an_irish_citizen_through_naturalisation.html

Revoking citizenship
The Minister for Justice and Equality can revoke your certificate of naturalisation if:

- You obtained it through fraud, misrepresentation or concealment of material facts or circumstances
- You have, through an overt act, failed in your duty of fidelity to the nation and loyalty to the State
- You were ordinarily resident outside Ireland (other than in public service) for a continuous period of 7 years and, without a reasonable excuse, did not register your name and a declaration of your intention to retain Irish citizenship with an Irish diplomatic mission or consular office or with the Minister for Justice and Equality on an annual basis - see 'How to apply' below.
- You are also, under the law of a country at war with the State, a citizen of that country
- You have, by any other voluntary act other than marriage or registration of civil partnership, acquired citizenship of another country.

Before revoking your certificate of naturalisation, the Minister for Justice and Equality will inform you in advance, stating the reasons why the certificate is being revoked and your right to apply to the Minister for an inquiry into the reasons for the revocation. If you apply for an inquiry into a decision to revoke your certificate of naturalisation, the Minister will refer your case to a Committee of Inquiry, which will report its findings to the Minister. A notice of the revocation of your certificate of naturalisation will be published in Iris Oifigiúil (Ireland's official State Gazette).

Once they've been naturalised there is no requirement to have to continue to "justify" their citizenship. So being divorced from their Irish partner has no effect.