Irish Nationality and Citizenship act of 1956

[Jaffa Cakes]

I was wondering if anyone here had any practical experience to draw on with this law.

I'm particularly interested in this section:

http://www.irishstatutebook.ie/eli/1956 ... /html#sec6

6.—(1) Every person born in Ireland is an Irish citizen from birth.


(2) Every person is an Irish citizen if his father or mother was an Irish citizen at the time of that person's birth or becomes an Irish citizen under subsection (1) or would be an Irish citizen under that subsection if alive at the passing of this Act.


(3) In the case of a person born before the passing of this Act, subsection (2) applies from the date of its passing. In every other case, it applies from birth.


(4) A person born before the passing of this Act whose father or mother is an Irish citizen under subsection (2), or would be if alive at its passing, shall be an Irish citizen from the date of its passing.


(5) Subsection (1) shall not confer Irish citizenship on the child of an alien who, at the time of the child's birth, is entitled to diplomatic immunity in the State.

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It would seem that this would assert citizenship to anyone who was alive at the time who happened to have an Irish born parent, grandparent, great grandparent, etc.

I guess I'm just wanting to make sure I read that correctly and that there isn't some other caveat that I haven't found.

[Wanderer]

Think you need to read the subsequent Acts that amend the 1956 Act

The statute law governing Irish citizenship is the Irish Nationality and Citizenship Act 1956, as amended. The 1956 Act has been amended by the Irish Nationality and Citizenship Acts 1986, 1994, 2001 and 2004.

Bound to be something in there that buggers it up!

[Jaffa Cakes]

What I'm getting at is that if my father became a citizen in 1956 then he will not have had to register before I was born....which incidentally is before 1986 and any of the amendments that you're referring to.

[Wanderer]

What I'm getting at is that if my father became a citizen in 1956 then he will not have had to register before I was born....which incidentally is before 1986 and any of the amendments that you're referring to.

I'm liking this one, fancy a pint? Felinfoel? aka Feeling Fowl from my time in South Wales...

I have similar Irish ancestry though my ancestors seem to have been a series of tinkers and soldiers, with numerous surname spelling changes and first name/second name swapping....

[Jaffa Cakes]

What I'm getting at is that if my father became a citizen in 1956 then he will not have had to register before I was born....which incidentally is before 1986 and any of the amendments that you're referring to.

I'm liking this one, fancy a pint? Felinfoel? aka Feeling Fowl from my time in South Wales...

Maybe next time I'm there

I have similar Irish ancestry though my ancestors seem to have been a series of tinkers and soldiers, with numerous surname spelling changes and first name/second name swapping....

Thankfully I don't think I have anything like that to contend with. But, I am concerned about being able to get some of the older documentation that I would need if this were to work out.

[colint67]

Have you contacted anyone at the Department of Foreign Affairs about this? I was curious and read through the Act and it seems what you're saying is true, but realistically I can't imagine it would work out. In theory wouldn't that mean that basically everyone born prior to 1956 with any Irish ancestor at all would be an automatic citizen without having to register on the FBR? And would that mean that anybody who is a child or grandchild of those people would be eligible for citizenship under the current rules? Surely that can't be right.

[putoluto]

I hope it is true also. I inquired of an Irish law firm that specialized in immigration, but have yet to hear back.

[Jaffa Cakes]

I've tried contacting them, but get no response. I don't know what else I can do but apply and see what happens.

[Wanderer]

Have you contacted anyone at the Department of Foreign Affairs about this? I was curious and read through the Act and it seems what you're saying is true, but realistically I can't imagine it would work out. In theory wouldn't that mean that basically everyone born prior to 1956 with any Irish ancestor at all would be an automatic citizen without having to register on the FBR? And would that mean that anybody who is a child or grandchild of those people would be eligible for citizenship under the current rules? Surely that can't be right.

I agree - it's an interesting interpretation but I too can't help but feel something has subsequently changed in Irish law to block it.

I'd be interested in Obie's or Secret Simon's opinion on this.

[Wanderer]

I found it! The OP missed the next page to the section he posted which totally puts the kybosh on it;

7.—(1) Pending the re-integration of the national territory, subsection (1) of section 6 shall not apply to a person, not otherwise an Irish citizen, born in Northern Ireland on or after the 6th December, 1922, unless, in the prescribed manner, that person, if of full age, declares himself to be an Irish citizen or, if he is not of full age, his parent or guardian declares him to be an Irish citizen. In any such case, the subsection shall be deemed to apply to him from birth.


(2) Neither subsection (2) nor (4) of section 6 shall confer Irish citizenship on a person born outside Ireland if the father or mother through whom he derives citizenship was also born outside Ireland, unless—


(a) that person's birth is registered under section 27, or


(b) his father or mother, as the case may be, was at the time of his birth resident abroad in the public service.

27.—(1) A foreign births entry book shall be kept in every Irish diplomatic mission and consular office and a foreign births register shall be kept in the Department of External Affairs in Dublin.


(2) The birth outside Ireland of a person deriving citizenship through a father or mother born outside Ireland may be registered, in accordance with the foreign births regulations, either in any foreign births entry book or in the foreign births register, at the option of the person registering the birth.


(3) Particulars of all births entered in a foreign births entry book shall be transmitted, from time to time, in accordance with the foreign births regulations, to the Department of External Affairs for entry in the foreign births register.


(4) A document purporting to be a copy of an entry in a foreign births entry book or in the foreign births register, and to be duly authenticated, shall be admitted in evidence without proof of the signature or seal whereby it is authenticated or of the authority of the person whose signature or seal appears thereon and shall, until the contrary is proved, be deemed a true copy of the entry and accepted as proof of the fact and terms thereof.


(5) The Minister for External Affairs may make regulations (in this Act referred to as the foreign births regulations) respecting the form and manner of keeping of foreign births entry books and the foreign births register, the registration of births therein, the transmission of particulars of births from foreign births entry books for entry in the foreign births register, the inspection of the books and register by the public, the furnishing of extracts therefrom, and (with the consent of the Minister for Finance) the fees (if any) to be charged for registration of births in the books and register, for the inspection thereof and for furnishing extracts therefrom.

[rjbristow]

I have a similar situation to this ... Great Grandmother 1901 Belfast - Grandfather b1926 England - Father b1951 England... I wanted citizenship for me b.1973.
I did read the following section where it states that the birth must be registered but how can that be meant for births prior to 1956? The register presumably did not exist at the time of the births?