Overview of Citizenship by Birth in Ireland

Citizenship by birth in Ireland is governed by the Irish Nationality and Citizenship Act 1956, as amended, particularly by the Irish Nationality and Citizenship Act 2004. The rules surrounding citizenship by birth in Ireland are unique due to Ireland's history and its relationship with the European Union and the United Kingdom.

Under Irish law, not all individuals born in Ireland automatically acquire Irish citizenship. The eligibility depends on the citizenship and residency status of the parents at the time of the child’s birth.

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Legal Framework

The key legal provisions are:

1. Irish Nationality and Citizenship Act 1956 (as amended).
2. Twenty-seventh Amendment of the Constitution of Ireland (2004), which removed the automatic right to citizenship for all individuals born on the island of Ireland.

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Eligibility for Citizenship by Birth

The eligibility criteria for acquiring Irish citizenship by birth are as follows:

1. Born in Ireland Before 1 January 2005

• Any person born on the island of Ireland (including Northern Ireland) before 1 January 2005 is automatically an Irish citizen, regardless of the nationality or residency status of their parents.

2. Born in Ireland On or After 1 January 2005

For individuals born in Ireland on or after 1 January 2005, citizenship is not automatic. The child is entitled to Irish citizenship if at least one of the following conditions is met:

• Parent is an Irish Citizen: If one or both parents are Irish citizens at the time of the child’s birth, the child is automatically an Irish citizen.

• Parent is a British Citizen: If one or both parents are British citizens, the child is entitled to Irish citizenship.

• Parent is an EU/EEA/Swiss Citizen: If one or both parents are citizens of an EU/EEA country or Switzerland, the child is entitled to Irish citizenship.

• Parent is a Non-EU/EEA/Swiss Citizen with Sufficient Residency: If neither parent is an Irish, British, EU/EEA, or Swiss citizen, the child may still be entitled to Irish citizenship if at least one parent has been legally resident in Ireland for three out of the four years immediately before the child’s birth. This residency must be lawful and exclude time spent on student visas or as an asylum seeker.

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Proof of Citizenship

If a child is entitled to Irish citizenship by birth, the parents may need to provide evidence of the child’s entitlement when applying for an Irish passport or registering the child’s citizenship.

Documents Required

1. Child’s Birth Certificate: A long-form birth certificate showing the child was born in Ireland.
2. Parent’s Proof of Citizenship:
   • Irish passport or birth certificate (if the parent is Irish).
   • British passport (if the parent is British).
   • EU/EEA/Swiss passport or ID card (if the parent is an EU/EEA/Swiss citizen).
3. Proof of Residency (if applicable):
   • For non-EU/EEA/Swiss parents, evidence of legal residency in Ireland for three out of the four years before the child’s birth. Acceptable documents include:
     • GNIB (Garda National Immigration Bureau) registration card.
     • Residency stamps in the parent’s passport.
     • Employment records, tax documents, or utility bills.

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Application Process

If the child is entitled to citizenship but needs to prove it (e.g., for a passport application), the following steps apply:

Step 1: Gather Documentation

Collect all necessary documents, including the child’s birth certificate, proof of the parent’s citizenship or residency, and any other supporting evidence.

Step 2: Apply for an Irish Passport

If the child is automatically entitled to citizenship, the parents can apply for an Irish passport on the child’s behalf. The application is made through the Passport Office.

• Cost of Passport Application:
  • Standard passport (under 18 years): €16 for a passport card or €30-45 for a passport book, depending on the number of pages.

Step 3: Register Citizenship (if required)

If the child’s entitlement to citizenship is not automatic (e.g., due to residency requirements), the parents may need to register the child’s citizenship with the Foreign Births Register. This process is more common for children born outside Ireland to Irish parents.

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Costs

1. Birth Certificate: The cost of obtaining a long-form birth certificate in Ireland is approximately €20.
2. Passport Application: €16-45, depending on the type of passport.
3. Legal Advice (if needed): If the case is complex, legal advice may be required, which can cost €100-€300 per consultation.

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Unique Considerations

1. Northern Ireland: Individuals born in Northern Ireland are entitled to Irish citizenship under the Good Friday Agreement, regardless of their parents’ nationality or residency status.
2. Dual Citizenship: Ireland allows dual citizenship, so a child entitled to Irish citizenship can hold another nationality simultaneously.
3. Residency Proof for Non-EU Parents: Non-EU/EEA/Swiss parents must provide robust evidence of their legal residency in Ireland. Time spent as an asylum seeker or on a student visa does not count toward the residency requirement.
4. Statelessness: If a child born in Ireland would otherwise be stateless (i.e., not entitled to any other nationality), they are entitled to Irish citizenship.

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Frequently Asked Questions

1. Can a child born in Ireland to undocumented parents acquire Irish citizenship?

No, unless the parents meet the residency requirement of three out of the four years before the child’s birth. Undocumented residency does not count toward this requirement.

2. Can a child born in Ireland apply for citizenship later in life?

Yes, if the child is not automatically entitled to citizenship at birth, they may apply for naturalization later in life, provided they meet the standard residency requirements.

3. Does being born in Northern Ireland automatically grant Irish citizenship?

Yes, individuals born in Northern Ireland are entitled to Irish citizenship under the Good Friday Agreement.

4. What happens if the parents are asylum seekers?

Time spent in Ireland as an asylum seeker does not count toward the residency requirement for the child to acquire citizenship.

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Conclusion

Citizenship by birth in Ireland is not automatic for all children born in the country. It depends on the citizenship and residency status of the parents. Parents should carefully review their eligibility and gather the necessary documentation to prove the child’s entitlement to Irish citizenship. If in doubt, consulting with a legal expert or contacting the Irish Naturalisation and Immigration Service (INIS) is recommended.

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