On the 2nd of April 2025 the Immigration Service Delivery published an official guidance document for persons applying for Irish citizenship based on Irish Descent or Associations.
Under the Irish Nationality and Citizenship Act 1956 (as amended) there is provision for the Minister for Justice to exercise absolute discretion and waive the normal residency requirements where a person wishes to apply for Irish citizenship based on Irish Descent or Associations. A person can apply for Irish citizenship based on Irish Descent/Associations where they are related by blood/affinity to an Irish citizen asking the Minister for Justice to waive any or all of the residency requirements as set out under Section 16(1)(a) and 16(1)(b) of the Citizenship Acts (as amended).
Since 2017, there has been a significant increase in citizenship applications based on Irish Associations, following the Brexit vote and US Presidential elections in 2020/2024.
The Immigration team at Sinnott Solicitors Dublin and Cork have advised on and submitted many applications for Irish citizenship based on Irish Descent/Associations.
Whilst the legislation has been clear that the Minister for Justice may in their absolute discretion, grant an application for a certificate of naturalisation where the usual conditions are not met, in circumstances where a person is of Irish Descent or Irish Associations, the criteria upon which applications are assessed has to date been very unclear. The publication of the updated guidelines provides significant clarity to those seeking to apply for Irish citizenship based on Irish Descent/Associations.
FIVE STEP APPROACH TO ASSESSING APPLICATIONS
The ISD under the guidelines, have set out a 5-step approach which they will now follow in determining applications as follows:
Step 1 – Determine whether an Applicant is a person of Irish Descent or Irish Association.
The Minister for Justice will first consider whether a person is of Irish Descent or Irish Associations. A person will be considered to be of Irish Descent if they are a direct lineal descendant of the person who is or was at the time of death an Irish citizen.
With respect to Irish Associations, a person may be related by blood or affinity to an Irish citizen, a blood relationship may be ascending (parent/grandparent of an Irish citizen) or lateral (siblings). Affinity is understood to be a relationship to another person through marriage if their spouse or their spouse’s relations by blood is a person who is (or is entitled to be) an Irish citizen but who at the time of their death was (or was entitled to be) an Irish citizen.
Relationships based on adoption or civil partnership may also qualify. An adoption must be recognized as an adoption under the Adoption Act 2010 or an adoption based on a legitimate legal process.
Civil partnership is defined in The Civil Partnership and Certain Rights and Obligations of C0-Habitants Act 2010.
Step 2 – Determine the Statutory Naturalisation Condition(s) that may be considered for waiving
The Minister for Justice will then assess which statutory conditions as set out in Section 15 of the 1956 Act not being met by an Applicant, may be considered for waiving.
Step 3 – Assessing the relevant strength of the case
The next step of the process involves an assessment of the application based on the following 4 categories.
- Experiential connection to the State.
- Family connections to the State.
- Cultural connection to the State.
- Establishment in the State.
Step 3 criteria is assessed following a points-based system which is set out at Table 1 of the guidelines. If a person satisfies 50% or more of a possible total mark (30 out of 60) in two or more of the above listed categories, the guidance document confirms that they may be considered as potentially suitable for the waiving of any or all statutory naturalisation conditions. Supporting documentation will be required by the ISD to satisfy the points score.
Step 4 – Making a decision.
The Minister for Justice will then decide to grant or refuse an application based on Irish Descent or Associations following the assessment of the application based on the criteria outlined above.
Step 5 – Communicating the decision.
Decisions will issue in writing to Applicants explaining how the decision was made and including reference to the criteria upon which the application was assessed and any other relevant information or material which an Applicant has submitted.
It is important to note that the guidelines clearly state that “while being of Irish Descent or Irish Associations is a necessary pre-requisite for consideration under these guidelines, it is in itself not sufficient to ensure the waiving of any statutory naturalisation conditions. The Minister will exercise their absolute discretion in determining applications under Section 16(1)(a) and 16(1)(b) of the Act (as amended). “
Sinnott Solicitors Assessment of the Guidelines
Whilst the guidelines are a welcome development it is important to note they are guidelines only and the Minister, in all cases, will retain discretion in granting or refusing an application for a Certificate of Naturalisation. We anticipate that there will be applicants who will satisfy the criteria set out under steps 1 to 3 however, who may still have their applications refused and there may also be applications who do not satisfy all of the requirements whose applications for citizenship based on Irish Descent or Irish Associations may be approved and this will arise in circumstances where decisions are made on a case by case basis. Notwithstanding, the guidelines are a welcome development giving a clearer picture of what the Minister for Justice will generally look at when assessing these applications.
The full guidance document is available to read here.
Sinnott Solicitors Dublin and Cork have a dedicated team of Immigration Solicitors and Consultants who are experts on all Irish immigration matters including all aspects of Irish citizenship. If you have any queries on the contents of this article, or require assistance, do not hesitate to contact our offices today on info@sinnott.ie or 014062862.
