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cmcsolicitor
cmcsolicitor, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 157
Experience:  and Mediator practicing in Cork, Ireland.
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Hello, I am a non-EEA national ( USA) and have recently

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Hello,

I am a non-EEA national ( USA) and have recently married an Irish national (July 2013). I have previously been living and working in the republic for the past 3.5 years on a stamp 4 under the Defacto relationship visa programme. I have been looking into attaining citizenship but am really confused by the paperwork. On the form 8 it does not state anywhere that we need to be married for 3 years in order to apply. However, reading further on the INIS website ( where I also got the form 8) it says that we do need to be married for this period of time.

Am I eligible to apply for citizenship through marriage or should I just wait to apply by naturalisation through residency (5yrs)?

cmcsolicitor :

The rules are contained in the Irish Nationality & Citizenship Act of 1956 as amended, which is here http://www.inis.gov.ie/en/INIS/consolidationINCA.pdf/Files/consolidationINCA.pdf

cmcsolicitor :

Part III deals with Naturalisation

cmcsolicitor :

Under section 15, you can apply independently, as it were, as you have been resident (with "reckonable" residence under stamp 4) for five out of the previous eight years.

cmcsolicitor :

The reckonable residence requirement is varied under Section 15A(c) where one has been married to an Irish citizen for three years, and living in Ireland with them for two put of the previous four.

cmcsolicitor :

So, you should apply on the basis of your own residence.

Customer:

Hi,

you say here "Under section 15, you can apply independently, as it were, as you have been resident (with "reckonable" residence under stamp 4) for five out of the previous eight years." But as previously stated I have only been living in the country for 4 years (in october) so I am guessing that I am not eligible for this?

cmcsolicitor :

Oh sorry yes. If you have been resident for the past 3.5 years, you can apply for naturalisation in another 1.5 years. Your marriage won't be relevant to all of that until you have been married for three years, so you will be independently eligible first.

cmcsolicitor :

One thing to remember: if you have to renew your GNIB registration during the 12 months before you apply for naturalisation, be very careful to ensure that there are no days at all between the date one card expires and the other is granted.

cmcsolicitor :

Apologies for my error before - I trust that this information has been useful.

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