Many foreign spouses of Irish citizens wonder how they could apply for Irish citizenship through marriage. They are driven by their desire to live in Ireland alongside their partners and children if they have any, without any time limits. As we discussed in our previous articles, being an Irish citizen brings many advantages for them and their families. However, after getting married or forming a civil partnership, the process of being granted Irish citizenship is not as easy as many might think. In fact, there are many requirements and documents that need to be presented. In this article, we will outline the eligibility criteria as well as the necessary steps to undertake the process for anybody interested in pursuing Irish citizenship by marriage.
Eligibility Criteria
If you are at least 18 years old, and you have married or formed a civil partnership with an Irish citizen, you have now reached the first fundamental step in starting the process of applying for Irish citizenship by marriage. However, there are additional eligibility requirements that you need to meet. Firstly, you must have been a spouse or civil partner of an Irish citizen for at least three years. Additionally, you need to have been living with the Irish citizen since at least the beginning of the process and until you are granted Irish citizenship.
The law states that applicants must reside legally on the island of Ireland, including Northern Ireland, for at least 3 years out of the last 5 prior to the application submission. Thus, the required residency time is reduced in comparison to the one needed for Irish citizenship by residence, which is typically 5 years out of the last 9. Moreover, the applicant has to have spent at least one full year in Irish territory before applying. During this year-long period, applicants must live in Ireland continuously, with absences only allowed up to 70 days. Under exceptional circumstances, an additional 30 days can be granted if approved by the Minister. Therefore, these residence requirements should prove that you have first-hand experience living in Ireland, immersing yourself in the culture, and integrating into society.
Another relevant aspect to take into account is that, when applying for Irish citizenship through marriage, you must demonstrate so-called “good character”, meaning you will need to provide documentation declaring you have never been involved in any criminal or other civil cases. Lastly, applicants need to certify their willingness to continue living in Ireland once they have become an Irish citizen. Thus, you will need to prove that your interest in obtaining Irish citizenship goes beyond the simple act of holding an Irish passport.
Additional Eligibility Notes: Non-EU/EEA/Swiss Citizens vs. EU/EEA/Swiss Citizens
For those individuals who do not hold any citizenship from the EU, EEA, or Switzerland, the time spent in Ireland counting toward a citizenship by marriage application needs to be defined as “reckonable residence”. This time is based on specific Stamps used to legally reside in Ireland. Not all immigration status categories qualify for reckonable residence, including the student visa (Stamp 2). Some Stamps that count toward reckonable residence include Stamp 1 (employment) and Stamp 4 (certain workers’ categories and also family reunification, including residing with an Irish spouse).
Those with EU/EEA/Swiss nationality do not need to calculate reckonable residence for their Irish citizenship application. Instead, they can provide other documentation that demonstrates proof of residing in Ireland for the required period.
Required Documentation
Once you have decided to apply for Irish citizenship by marriage, you will be required to submit a specific list of documents. This includes proof of identity, e.g. a valid passport. A birth certificate for both the applicant and spouse, and the marriage certificate are required too. Please keep in mind that, if all the above-mentioned documents are not issued in English, they must be professionally translated and certified before submission. In the case in which the applicants are not able to obtain certified copies of these documents, they need to submit an affidavit and proof demonstrating the impossibility of procuring the documents.
It is fundamental that applicants submit proof of residency for each of the years counting toward citizenship acquisition. The proof of residence should be not only for the applicant, but also the spouse or civil partner. This includes housing agreements, bills, employment contracts, et cetera. Since each category of documents has predetermined point values, it is possible to mathematically calculate the proofs’ sum, thanks to Ireland’s “scorecard” system. Not all documents have the same value; for example, an employment contract is scored higher than a car insurance bill. Following this methodology, the final total needs to reach the required number of points, which is 150 per year. Moreover, the applicants and their spouses or civil partner are required to provide three different proofs of residence corresponding to up to 3 months prior to the date of the application.
The Application Process
Once all the required documentation is ready, the applicants can proceed with the final step, which is submitting the application for Irish citizenship. This is completed online via the Immigration Service Delivery (ISD) portal. Alternatively, if it is not possible to access the online service, it may be possible to submit a request by mail by contacting citizenshipinfo@justice.ie.
Applications typically take around 19 months to process, and the required fee is €175. Should the applicant change their address while the application is still being processed, they must notify the Irish Service Delivery.
If the process results in a positive outcome, the applicants are required to attend the citizenship ceremony. It is a crucial moment in which individuals formally declare their loyalty to Ireland and become official Irish citizens. After receiving the naturalization certificate, which costs €950, these new citizens can apply for an Irish passport.
Conclusion
If you have any further questions, or would like help with your own Irish citizenship application, you can contact us directly, and one of our advisors will be happy to assist.