A Step-by-step Guide to Irish Citizenship Through Marriage or Civil Partnership

Are you a spouse or civil partner of an Irish citizen living in Ireland? You may become an Irish citizen yourself through the marriage/partnership route.

Usually, foreign nationals must live in Ireland for at least five years before they can apply for citizenship. The residency requirement, however, is only three years if they have an Irish citizen spouse or civil partner.

Plus, to be eligible for Irish citizenship by marriage, you must meet all other relevant conditions as specified in the Irish Nationality and Citizenship Acts 1956-2004. Note that while Immigration Service Delivery (ISD) reviews the applications for Irish citizenship by marriage/civil partnership on behalf of the Minister for Justice, the Minister has the final authority to grant citizenship.

Who Can Apply for Irish Citizenship by Marriage?

Irish citizenship through marriage or civil partnership is actually a sub-category of citizenship through naturalisation in Ireland. The first and foremost eligibility criterion to apply for Irish citizenship by naturalisation is that of your length of lawful residency in the country.

You must be a legal resident in any of the 26 counties of the Republic of Ireland (also called the ‘State’) for at least five years out of the previous nine years, including one year of continuous residence immediately before you apply. For spouses/civil partners of Irish citizens, it comes down to three years, and they can also count any legal residence period in Northern Ireland for this purpose.

Any time spent in Ireland on stamps 1, 1G, 3, 4, 5 are counted as reckonable residency for the purpose of citizenship. Time spent as an international student (generally with a Stamp 2 or Stamp 2A) or as an asylum seeker (unless you have been granted refugee status later on) will not be counted. Time spent in Ireland while you were undocumented will also not be considered.

You can use the online residency calculator on the Department of Justice website to check if you meet the reckonable residence criterion. However, if you are from the UK, Switzerland or an EEA country, a reckonable residence calculation is not required.

Other Eligibility Requirements for Irish Citizenship by Marriage

You must also meet the following criteria to be eligible to apply for Irish citizenship by marriage:

• You must be 18 (or married if under 18)
• You must be married to, or in a civil partnership with, an Irish citizen for at least three years
• You must be of ‘good character’
• You must intend in good faith to continue living in Ireland after becoming a citizen
• You must attend a citizenship ceremony if your application is approved, and take the oath of fidelity and loyalty to Ireland

How Do I Apply for Irish Citizenship by Marriage?

Here’s a step-by-step guide to apply for Irish citizenship by marriage:

1. Start your application by filling up the Form 8 online. To register, you need a valid email ID (contact ISD for paper forms if you cannot access the online service)
2. Upload the required supporting documents online. All uploads must be true copies certified by an appropriate witness (e.g., a practising solicitor, Commissioner for Oaths, Peace Commissioner, or Notary Public)
3. As an Irish citizenship applicant through marriage/civil partnership, your application must include the relevant Statutory Declaration, duly signed by you in the presence of a practising solicitor, Commissioner for Oaths, Peace Commissioner, or Notary Public
4. Tick the Statutory Declaration box to legally declare that you understand the application form, and that all the facts provided in the form by you are true and correct to the best of your knowledge
5. Pay the required application fee online and submit your form to complete your online application process
6. If you are using a paper form, send the completed form and other supporting documents to the Department of Justice, along with a bank draft (drawn on an Irish bank and payable to the Secretary General, Department of Justice) towards fee payment

After processing your application, ISD will submit a review report to the Minister of Justice. The Minister has the final authority to approve or reject your application.

What Documents Do I Need to Apply for Irish Citizenship by Naturalisation?

You will need the following supporting documents:

• Proof of identity, e.g., your passport or Irish Residence Permit card
• Proof of residence in Ireland (e.g., bank statements, copy of P60, rent agreements, utility bills, etc.)
• Marriage or civil partnership certificate, or the relevant affidavit form
• Your birth certificate or relevant affidavit form
• Your Irish citizen spouse or civil partner’s birth certificate
• Your current and old passports
• A printout of the online residency calculator page from the Department of Justice’s website unless you are exempt
• Details and signatures of three references. They must be Irish citizens who know you well enough to form an opinion about your character, and willing to act as a referee for you
• Two coloured passport photos signed with date on the back by the witness who have signed your statutory declaration

What If My Application Has Been Approved?

ISD will send you an approval letter if your application is approved. It will have certain documents mentioned which must be sent to ISD at this stage. Plus, you will have to pay a certification fee (if applicable).

You will have to attend a citizenship ceremony next per invitation, and make a declaration of fidelity and loyalty to Ireland. Following the ceremony, your Certificate of Naturalisation will be sent to your residential address by registered post.

What If My Application Has Been Refused?

In case of incorrect or incomplete forms, ISD will straightaway return your application to you, to start the whole process afresh. If any supporting documents are missing, you will have up to 28 days to provide them. Your application may be refused if you fail to submit on time.

If the Minister decides not to approve your application, ISD will inform you of the refusal reason(s). You may apply again at any time, but ensure you pay particular attention to the previous refusal reason(s) and take necessary steps before you re-apply.

Do I Need Professional Help?

Becoming a naturalised Irish citizen through marriage or civil partnership is a complex process. If the clause of reckonable residency applies to your case, you will also have to carefully consider whether you are meeting that criterion or not. Even if you meet all requirements, you must fill up the relevant forms correctly and submit all required documents for a positive outcome.

A refusal will result in going through the entire process once again, and may even jeopardise your life in Ireland as a family.

This is where a specialist Irish immigration lawyer can help. They can increase your chances of receiving a positive decision by providing legal advice and administrative support to ensure that your application adheres to ISD regulations.

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