When working on your application for Irish citizenship by descent or by association, you will want to make sure you understand all the rules around eligibility and documentation to prevent a delayed or rejected application. In the below article, we’ll help you pinpoint what to be aware of to ensure a smoother application process.
Are you eligible?
If you have a parent, grandparent, or great-grandparent who was an Irish citizen, you might be eligible yourself, but there are rules that apply. Whether or not your Irish citizen parent was born in Ireland changes some factors, for example. Being born in Ireland yourself, too, could qualify you for citizenship, but it depends on the year you were born and other certain circumstances. Having other family members who are Irish citizens unfortunately does not qualify you for citizenship by descent, but you might be able to apply for citizenship by association. See below for more details on this.
Make sure you understand how the descent laws work
I was born in the Republic of Ireland: If you were born before January 1, 2005, then you are an Irish citizen. You can also claim Irish citizenship if you were born in Northern Ireland. However, if you were born after December 31, 2004, then you are an Irish citizen only if at least one parent was an Irish or UK citizen (including if you were born in Northern Ireland), or your parents lived in Ireland or Northern Ireland for 3 out of 4 years before your birth and had the right to live there without restriction.
My parent is/was an Irish citizen: If your Irish parent was born in Ireland, and you were born abroad, then you are an Irish citizen and can apply directly for a passport. If your Irish parent was born outside of Ireland, you will need to register with the Foreign Births Register.
My grandparent is/was an Irish citizen: You can claim Irish citizenship by registering your birth in the Foreign Births Register.
My great-grandparent is/was an Irish citizen: You can claim Irish citizenship by registering your birth in the Foreign Births Register only if your parent had registered their own citizenship before you were born.
As is probably clear, while citizenship by descent laws seem straightforward at the start, specific circumstances can radically change your eligibility or application process. Not fully understanding how your case fits in to the above could lead to a delayed or rejected application.
Incomplete paperwork and/or errors
The next major obstacle in applying for Irish citizenship by descent or association is the paperwork involved. We have previously covered in-depth the documents needed for an application, which include mainly vital records demonstrating an unbroken line of Irish descent from you back to your Irish citizen ancestor.
The first thing to watch out for is to make sure the documents are in the correct format: long form original copies issued from the office you requested them from. Make sure you understand which documents are needed for your case too, including divorce decrees, adoption certificates, and/or naturalization records. Also, if any records are not in English or Irish, you will want to have them professionally translated with the translations certified. The documents themselves will need to be certified as well by a professional witness.
Finally, note that if you need to recover old documents, they could be difficult to find. This is potentially another obstacle to be aware of and to factor in when you are preparing your application.
The truth about citizenship by association
If you have an Irish citizen in your family but do not qualify for citizenship by descent as defined above, you might be able to apply for citizenship by association. For example, those with Irish-born great-grandparents whose parent did not have Irish citizenship at the time of their birth, could apply for citizenship by association.
The reality is that this pathway is quite subjective, and the documentation needed to prove a tie to the Irish citizen could be complicated, depending on who it is. The applications need to be particularly remarkable because citizenship by association is not a normal pathway to citizenship. Yours must stand out. Note also that you generally cannot apply for cases of “ascent”; e.g. having an Irish sibling or being the parent of an Irish citizen.
Furthermore, there are residency requirements involved. In order to prove your connection to Ireland, you also usually need to demonstrate legal residency in the country for at least 3 years. Given that the rules for citizenship by association are much vaguer, the cases are quite unique, and it is highly advisable to work with an immigration expert to ensure you present the strongest application possible.
The Foreign Births Register and knowing where to apply
Finally, if you need to present your citizenship case to the Foreign Births Register, make sure you understand the requirements. You will need to fill out and print an application online, have a witness certify the documents, and send the application and all supporting materials to the relevant office.
Please note that if you are applying in the U.S., Canada, Great Britain, or Australia that the consulates and embassies in those countries do not process citizenship requests. Applications must be sent to the office in Dublin.
Conclusion
While the reality of the qualifications for Irish citizenship by descent might be more complex than they initially seem, paying attention to the rules and required documentation can make the difference between an accepted and rejected application. If you need help with you case, please contact us at info@irishcitizenshipassistance.com!