Anexo A: Algunos olores usuales que se evidenciaron en el caso de estudio

4.5.1 Asylum (Citizenship)

There are currently no citizenship procedures in place for asylum applicants while a decision on an application is pending.

4.5.2 Migration (Citizenship)

The Minister for Justice, Equality and Defence is responsible for determining entitlement to citizenship in accordance with the Irish Nationality and

Citizenship Acts, 1956 to 2004. Every person born on the island of Ireland

before 1 January, 2005 is entitled to be an Irish citizen. The citizenship of a person born on the island of Ireland on or after 1 January, 2005 depends on the citizenship of the person's parents at the time of the person's birth or the residency history of one of the parents prior to the birth. Under the Irish

Nationality and Citizenship Acts, 1956 to 2004, a person who was born outside

Ireland is automatically an Irish citizen by descent if one of that person's parents was an Irish citizen who was born in Ireland.

Foreign nationals can apply to become Irish citizens through naturalisation. A foreign national who is either married to an Irish citizen or a civil partner of an Irish citizen, can also apply for Irish citizenship through naturalisation. The residence requirements are more favourable for the spouse or civil partner of an Irish citizen but there is no longer an absolute entitlement to Irish citizenship through marriage.

Irish naturalisation is considered under the provisions of the Irish Nationality

and Citizenship Act, 1956, as amended and is granted at the absolute discretion

of the Minister for Justice, Equality and Defence. In order to qualify for naturalisation an applicant must meet the following conditions:-

• Applicant must be of full age

• Applicant must be of good character, the Garda Síochána will be asked to provide a report about applicant’s background

• Applicant must have had a period of one year’s continuous reckonable residence in the State immediately before the date of the application and, during the eight years preceding that, have had a total reckonable residence in the State amounting to four years

• Applicant must intend in good faith to continue to reside in the State after naturalisation

• Applicant must make a declaration of fidelity to the nation and loyalty to the State and undertake to faithfully observe the laws of the State and to respect its democratic values.

An Online Naturalisation Residency Calculator Tool122 _{is available as a guide to} whether an applicant satisfies the naturalisation residency conditions before submitting an application. In general, apart from refugees and stateless persons, applicants for naturalisation must prove they can support themselves and their families while living in Ireland. If an applicant can show that they have not received State support in the three years before application, this will generally meet the Minister for Justice, Equality and Defence’s requirement that the applicant has been supporting themselves and their dependants and that they will continue to do so. There are no citizenship, integration or language tests involved in the citizenship application procedure in Ireland. In November 2011 the Minister for Justice, Equality and Defence introduced new citizenship application forms123 _{and all applications made on or after 10} November 2011 must use the new application form. New fees for application were also introduced in November under the Irish Nationality and Citizenship

Regulations 2011, on making an application for citizenship the fee is €175 On

the issue of a certificate of naturalisation a fee of €950 applies - except where the application is made on behalf of a minor, in which case a fee of €200 applies. Where the application is made by a widow or widower whose spouse or civil partner of an Irish citizen a fee of €200 applies; Refugees, stateless persons and Programme Refugees do not have to pay a fee for a Certificate of Naturalisation.124

Applications for naturalisation are considered by the Citizenship Division of INIS.125 _{The Minister for Justice, Equality and Defence introduced a number of} measures in 2012 with the aim of reducing a backlog of applications awaiting a decision. These measures have resulted in a significant increase in the number of cases decided; double the volume of valid applications were decided in 2011

122 _{http://www.inis.gov.ie/en/INIS/Pages/Naturalisation_Residency_Calculator.} 123 _{http://www.inis.gov.ie/en/INIS/Pages/WP11000029.}

124 _{http://www.citizensinformation.ie.}

125 _{http://www.citizensinformation.ie/en/moving_country/irish_citizenship/becoming_an_irish_citize} n_through_naturalisation.html.

(16,000) compared to 2010 when fewer than 8,000 were decided.126 _{By late} spring/early summer of 2012 the Department of Justice and Equality anticipate that all standard applications, i.e. non complex cases accounting for 70 per cent of all applications, will be completed within six months.

In June 2011 the Minister for Justice, Equality and Defence introduced a pilot Citizenship Ceremony scheme: 73 people were granted Irish citizenship, attended a formal citizenship ceremony in Dublin Castle, and swore an oath of fidelity to the nation. The Minister has since made this a permanent scheme. In 2011, persons from 112 countries attended 28 citizenship ceremonies around Ireland.127

4.6 ACCESS TO THE LABOUR MARKET