Citizenship Act , 1935

1 Definitions.

1.—In this Act—

the expression “the Minister” means the Minister for Justice; the word “legation” includes the office of a High Commissioner; the word “citizen” when used in relation to Saorstát Eireann includes (save where precluded by the context) a person who is a citizen of Saorstát Eireann by virtue of Article 3 of the Constitution and when used in relation to a country other than Saorstát Eireann includes a subject or national of such country, and the word “citizenship” shall be construed accordingly; the word “prescribed” means prescribed by regulations made by the Minister under this Act.

2 Natural-born citizens.

2.—(1) The following persons shall be natural-born citizens of Saorstát Eireann, that is to say:—

(a) every person who was born in Saorstát Eireann on or after the 6th day of December, 1922, and before the date of the passing of this Act, and

(b) every person who is born in Saorstát Eireann on or after the date of the passing of this Act, and

(c) every person who was born on or after the 6th day of December 1922, and before the date of the passing of this Act in a ship registered in Saorstát Eireann, and

(d) every person who is born on or after the date of the passing of this Act in a ship registered in Saorstát Eireann, and

(e) every person who was born outside Saorstát Eireann on or after the 6th day of December, 1922, and before the date of the passing of this Act and whose father was, on the day of such person's birth, a citizen of Saorstát Eireann, and

(f) subject to the subsequent provisions of this section, every person who is born outside Saorstát Eireann on or after the date of the passing of this Act and whose father was, on the day of such person's birth, a citizen of Saorstát Eireann.

(2) Where—

(a) a person is born outside Saorstát Eireann on or after the date of the passing of this Act, and

(b) such person's father is, on the day of such person's birth, a natural-born citizen of Saorstát Eireann born outside Saorstát Eireann, or a naturalised citizen of Saorstát Eireann, and

(c) such person's father is, on the day of such person's birth, not employed, in the service of the Government of Saorstát Eireann,

such person shall not be a natural-born citizen of Saorstát Eireann unless within one year or, where the Minister because of special circumstances so permits, within two years after the day of such person's birth the fact of such person's birth is registered—

(d) if such person is born in Northern Ireland, in the Northern Ireland births register, or (in any other case),

(e) if such person is born in a country in which there is, on the day of his birth, a Saorstát Eireann legation or consulate, in the foreign births entry book kept at such legation or consulate or in the foreign births register, or

(f) if such person is born in a country in which there is, on the day of his birth, neither a Saorstát Eireann legation nor a Saorstát Eireann consulate, in the foreign births register.

(3) Every natural-born citizen of Saorstát Eireann whose right to such citizenship is conditional on the entry in the Northern Ireland births register or in the foreign births register or in a foreign births entry book of the fact of his birth shall cease to be a citizen of Saorstát Eireann at the expiration of one year or such longer period as the Minister (before or after the expiration of such year) shall, in any particular case because of special circumstances, permit after the day on which such person attains the age of twenty-one years, unless such person, after attaining that age and before the expiration of the said year or longer period aforesaid, makes in the prescribed form and registers with the Minister in the prescribed manner a declaration of retention of his citizenship of Saorstát Eireann and also, if he is a citizen of a foreign country, divests himself, in accordance with the laws of that country, of his citizenship thereof.

(4) Every person who is not a citizen of Saorstát Eireann by virtue of Article 3 of the Constitution but was born before the 6th day of December, 1922, either in Ireland or of parents of whom at least one was born in Ireland shall—

(a) if such person is at the passing of this Act or becomes thereafter permanently resident in Saorstát Eireann, be deemed to be a natural-born citizen of Saorstát Eireann, or

(b) if such person at the passing of this Act is permanently resident outside Saorstát Eireann and is not a naturalised citizen of any other country, be deemed, upon being registered in accordance with the next following sub-section of this section, to be a natural-born citizen of Saorstát Eireann.

(5) No person whose right to be deemed to be a natural-born citizen of Saorstát Eireann under the next preceding sub-section of this section is made by that sub-section conditional on registration in accordance with this sub-section shall be deemed to be a natural-born citizen of Saorstát Eireann unless, within one year or, where the Minister (before or after the expiration of such year) because of special circumstances so permits, within two years after the passing of this Act, the name of such person is registered—

(a) if such person is, at the passing of this Act, permanently resident in a country in which there is a Saorstát Eireann legation or consulate, in the register of nationals kept at such legation or consulate or in the general register of nationals, or

(b) if such person is, at the passing of this Act, permanently resident in a country in which there is neither a Saorstát Eireann legation nor a Saorstát Eireann consulate, in the general register of nationals.

(6) Every person born before the 6th day of December, 1922, who is, at the passing of this Act, employed outside Saorstát Eireann in the civil service of the Government of Saorstát Eireann as an established officer but is not a citizen of Saorstát Eireann by virtue of Article 3 of the Constitution shall be deemed to be a natural-born citizen of Saorstát Eireann.

(7) Nothwithstanding anything contained in the foregoing provisions of this section—

(a) a person who was or is born in Saorstát Eireann on or after the 6th day of December, 1922, (whether before or after the passing of this Act) shall not be a natural-born citizen of Saorstát Eireann if such person's father was or is, on the day of such person's birth, envoy extraordinary and minister plenipotentiary or other the head of a foreign diplomatic mission established in Saorstát Eireann or is the secretary of legation, or other member of the diplomatic staff of such mission whose appointment as such has been officially notified to the Minister for External Affairs or is otherwise entitled to diplomatic immunities and in any case possesses the nationality of the country by which such mission is accredited, and

(b) a person who was or is born in Saorstát Eireann on or after the 6th day of December, 1922, (whether before or after the passing of this Act) and whose father, on the day of the birth of such person, was or is a consul-general, consul, vice-consul, or other official of another country charged with an official mission in Saorstát Eireann and possessed or possesses the nationality of the country by which he was or is appointed,

shall, if such person at his birth acquired or acquires by the laws of the said country by which his father was or is so appointed the nationality of such country, cease to be a citizen of Saorstát Eireann if and when a declaration of alienage is made and lodged with the Minister in the prescribed form and manner by such person's father on behalf of such person before such person has attained the age of twenty-one years or by such person after he has attained that age.

3 Application for certificate of naturalisation.

3.—(1) Any person who is not a citizen of Saorstát Eireann may apply to the Minister in the prescribed form and manner for a certificate of naturalisation.

(2) Every person who applies under this section for a certificate of naturalisation shall furnish to the Minister, in his form of application or otherwise, all such information as the Minister shall, in such form or otherwise, require for the due consideration of such application, and shall, if and when required by the Minister so to do, verify all or any of such information by the statutory declaration of some person (whether the applicant or another person) having knowledge of the facts.

(3) If any person fails to furnish any information or any verification which he is required by the Minister under this section to furnish, the Minister may, on the ground of such failure and without prejudice to any other power of refusal conferred by this Act, refuse the application in relation to which such information or verification was so required.

(4) If any person, for the purposes of or in relation to an application under this section, gives or makes to the Minister any statement or information which is to his knowledge false or misleading in any material respect, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

4 Issue of certificate of naturalisation.

4.—(1) Whenever an application is duly made to the Minister for a certificate of naturalisation, the Minister may, at his absolute discretion but subject to the limitations imposed by this section, either—

(a) grant such application and issue to the applicant a certificate of naturalisation accordingly, or

(b) refuse such application.

(2) A certificate of naturalisation shall not be issued to a person of unsound mind, nor (save as is expressly authorised by this Act) to a person who has not attained the age of twenty-one years.

(3) The Minister shall not issue to any person a certificate of naturalisation unless or until he is satisfied—

(a) that such person is of good character, and

(b) that, save as is otherwise provided by this Act, such person resided continuously in Saorstát Eireann for the period of one year expiring on the date of his application for such certificate and also resided, during the eight years next preceding the said period of one year, in Saorstát Eireann for a continuous period of four years or for a number of discontinuous periods amounting in the aggregate to four years, and

(c) that such person bona fide intends, if and when such certificate is issued to him, to have his usual or principal place of residence in Saorstát Eireann, and

(d) that such person has made, in the prescribed form and manner, a declaration of acceptance of citizenship of Saorstát Eireann.

(4) Where the applicant for a certificate of naturalisation is the spouse of a person who is under this Act deemed (in virtue of permanent residence in Saorstát Eireann) to be a natural-born citizen of Saorstát Eireann, the Minister may, if he so thinks proper, dispense in the case of such applicant with compliance by such applicant with so much of this section as relates to residence in Saorstát Eireann prior to the application for a certificate of naturalisation.

(5) Where the applicant for a certificate of naturalisation satisfies the Minister—

(a) that she is a widow, and

(b) that her husband, immediately before his death, was not a citizen of Saorstát Eireann, and

(c) that she was, immediately before her marriage, a citizen of Saorstát Eireann, and

(d) that she relinquished under this Act her citizenship of Saorstát Eireann on account of her marriage to a person who was not a citizen of Saorstát Eireann, and

(e) that she was at the date of the death of her husband and is at the date of such application ordinarily resident outside Saorstát Eireann,

the Minister may, if he so thinks proper, dispense in the case of such applicant with compliance by her with so much of this section as relates to residence or to intended residence in Saorstát Eireann.

(6) The Minister may, if he so thinks fit in the case of any particular applicant for a certificate of naturalisation, deem any particular period of service by such applicant outside Saorstát Eireann in the employment of the Government of Saorstát Eireann to be residence in Saorstát Eireann for the purposes of this section.

5 Issue of certificate of naturalisation in special cases.

5.—(1) The Executive Council may, if and whenever they so think proper, cause a certificate of naturalisation to be issued under this Act to any person or to a child or grandchild of any person who, in the opinion of the Executive Council, has done signal honour or rendered distinguished service to the Irish Nation.

(2) The Executive Council may authorise the Minister to dispense, in relation to the issue of a certificate of naturalisation under this section, with compliance by the person to whom such certificate is issued with all or such one or more as the Executive Council shall think proper of the conditions which are by virtue of this Act conditions precedent to the grant of a certificate of naturalisation.

6 Issue of certificate of naturalisation to remove doubts.

6.—(1) Where a person applies under this Act to the Minister for a certificate of naturalisation and states in such application that he claims to be a citizen of Saorstát Eireann, and that some doubt has arisen as to whether he is or is not entitled to such citizenship, and that he makes such application solely for the purpose of removing such doubt, the Minister may, if he thinks proper so to do having regard to all the circumstances of the case, issue to such person a certificate of naturalisation containing an express statement that it is issued solely to remove doubts.

(2) The issue to any person of a certificate of naturalisation under this section shall not be evidence or an admission that such person was not a citizen of Saorstát Eireann prior to the issue of such certificate and shall not prejudice or affect any claim by such person to have been a citizen of Saorstát Eireann at any time prior to such issue.

7 Issue of certificate of naturalisation to a minor.

7.—(1) The Minister may at any time, if in his absolute discretion he thinks proper so to do on account of the Irish descent or Irish associations of a person who has not attained the age of twenty-one years and having regard to the other circumstances of the case, issue to such person a certificate of naturalisation notwithstanding that such person has not attained the said age, and whether such person does or does not comply with the conditions which are by virtue of this Act conditions precedent to the grant to him of a certificate of naturalisation.

(2) A certificate of naturalisation shall be issued under this section only on the application, in the prescribed form and manner, of a parent or guardian of the person to whom such certificate is intended to relate.

(3) A person to whom a certificate of naturalisation has been issued under this section may, within one year after attaining the age of twenty-one years, make and lodge with the Minister in the prescribed form and manner a declaration of alienage, and thereupon such person shall cease to be a citizen of Saorstát Eireann.

8 Form and operation of certificate of naturalisation.

8.—(1) Every certificate of naturalisation issued under this Act shall be in the prescribed form and sealed with the official seal of the Minister and shall be expressed and shall, as from the issue thereof and so long as it remains unrevoked, operate to confer on the person named therein the same status as a natural-born citizen of Saorstát Eireann.

(2) There shall be charged and paid on the issue of every certificate of naturalisation under this Act such fee as may be prescribed.

(3) The Minister may, on application being made to him in the prescribed form and manner, issue, on payment of the prescribed fee, a copy, certified in the prescribed manner to be a correct copy, of any certificate of naturalisation issued under this Act.

(4) A person to whom a certificate of naturalisation is issued under this Act shall, as from the issue of such certificate and so long as such certificate remains unrevoked, be entitled to and have (subject to the provisions of this Act) all the political and other rights, powers, and privileges of a natural-born citizen of Saorstát Eireann and be subject to all the obligations, duties, and liabilities of such natural-born citizen, but, in the case of a certificate of naturalisation issued to a person who has not attained the age of twenty-one years, without prejudice while he is under that age to the limitations arising from the fact of his not having attained the said age.

(5) As soon as may be after the issue, under this Act, of a certificate of naturalisation, the Minister shall publish in the Iris Oifigiúil notice of the fact of the issue of such certificate and of the name of the person to whom it was issued and such other (if any) particulars thereof as the Minister shall think proper.

9 Statement of children's names in certificate of naturalisation.

9.—(1) Every certificate of naturalisation issued under this Act shall state the name of every child of the person to whom it relates who, at the date of the issue of such certificate, is under the age of twenty-one years and is not a citizen of Saorstát Eireann.

(2) The statement in a certificate of naturalisation in pursuance of this section of the name of a child of the person to whom such certificate relates shall operate to confer on such child the status of a natural-born citizen of Saorstát Eireann, but any such child may, within one year after attaining the age of twenty-one years, make and lodge with the Minister in the prescribed manner a declaration of alienage in the prescribed form, and thereupon such child shall cease to be a citizen of Saorstát Eireann.

10 Revocation of certificate of naturalisation.

10.—(1) The Minister may at any time, on his own motion and at his absolute discretion, by order revoke any certificate of naturalisation issued under this Act.

(2) The Minister shall revoke a certificate of naturalisation whenever he is satisfied—

(a) that the issue of such certificate was procured by fraud, or by misrepresentation (whether fraudulent or innocent), or by concealment of material facts or circumstances, or

(b) that within five years after the issue of such certificate the person to whom such certificate relates was sentenced by any court (including a court in a country in which, by convention or by law, citizens of Saorstát Eireann enjoy or are entitled to enjoy the same status as citizens of such country) to a fine of not less than one hundred pounds or to imprisonment for a term of not less than twelve months or to penal servitude for any term, or

(c) that such person was not of good character at the date of the issue of such certificate, or