Citizenship – McGrath Mullan Solicitors Dublin

Irish Citizenship by Descent – are you entitled?

Naoise Duffy — Tue, 28 Jul 2026 05:26:32 +0000

There are two grounds on which a person can claim Irish citizenship by descent:

If they have a grandparent who was born on the island of Ireland; or
If their parent was born outside of Ireland but was an Irish citizen at the time of their child’s birth

In both cases, the application for citizenship is made through a Foreign Birth Registration application.

The application is made to the Department of Foreign Affairs, and requires a variety of supporting documents to be submitted such as original birth, marriage and death certificates.

For citizenship applications on the basis of descent alone, the main requirement is to prove you fit within one of the two categories above – there is no requirement to show any period of residence in Ireland.

Once the application is approved, a person is deemed to be an Irish citizen and can apply for their Irish passport.

If neither of the above cases apply, then there is no entitlement to Irish citizenship through descent alone – although depending on the particular circumstances, it may still be possible to apply for citizenship on the basis of Irish Associations.

To be eligible for citizenship on the basis of Irish Associations, a person must show that, in addition to Irish ancestry/descent/Irish citizen family members, they have a sufficiently strong connection to Ireland – this is assessed by looking at factors such as frequent visits to Ireland, periods of residence in Ireland, involvement with cultural, sporting or other activities/groups which have contributed significantly to Ireland, etc. For more information on applications on the basis of Irish Associations check out our article: “New guidelines published for Irish citizenship applications on the basis of Irish Descent and Irish Associations”.

If you are interested in applying for Irish citizenship on the basis of Irish descent or Irish associations, we would be happy to meet with you for an initial consultation to advise you on your eligibility and the application process. Please email us at info@mcrathmullan.ie or call us on +353 (0) 1 873 5012 for more information.

Parent of an Irish citizen child: immigration permission in Ireland

Taise Azevedo — Fri, 22 May 2026 10:44:20 +0000

Can the parent of an Irish citizen child stay in Ireland?

If you are the parent of an Irish citizen child, you may be eligible to apply for permission to remain in Ireland.

This type of immigration application is relevant where a child holds an Irish passport and is living in Ireland. In many cases, the parent will need to show that they are the biological parent of the Irish citizen child and that they are actively involved in the child’s life.

Who can apply as the parent of an Irish citizen child?

A parent may be eligible to apply where:

the child is an Irish citizen;
the child holds an Irish passport;
the child is living full-time in Ireland;
the parent is named on the child’s birth certificate;
the parent is involved in the child’s upbringing;
the parent provides emotional and financial support to the child.

Each application is assessed individually by the Irish immigration authorities. This means that the documents and evidence required may depend on the family’s circumstances.

What documents may be required?

Applications as the parent of an Irish citizen child must be prepared carefully. Supporting documents may include evidence of the child’s Irish citizenship, proof of residence in Ireland, the child’s birth certificate, and evidence of the parent’s involvement in the child’s care.

In some cases, the immigration authorities may request further evidence, including DNA evidence.

What immigration permission can be granted?

If the application is successful, the parent may be granted Stamp 4 permission in Ireland. Stamp 4 can allow a person to live and work in Ireland without the need for an employment permit. The duration of the permission can vary depending on the circumstances of the case.

What if the parent has no valid immigration permission?

If a parent does not currently hold valid immigration permission in Ireland, the application may be more complex.

It is important to deal with the matter carefully, especially where there has been a gap in immigration permission, a previous refusal, or any issue with immigration history.

What happens if the application is refused?

If an application is refused, there is no formal appeal process. However, it may be possible to submit a new application, depending on the reasons for refusal and whether further evidence can be provided.

Legal assistance for parents of Irish citizen children

Applications as the parent of an Irish citizen child should be prepared with care. The correct evidence can make a significant difference, particularly where the family circumstances or immigration history are complex.

If you are the parent of an Irish citizen child and need assistance with your immigration permission in Ireland, you can contact our office at info@mcgrathmullan.ie.

The Good Character Test in Naturalisation Applications

Gerry McGrath — Wed, 20 May 2026 07:36:39 +0000

In order to acquire Irish citizenship by naturalisation, the Minister for Justice must be satisfied that you are of good character. The nature of the good character test was examined in the High Court case of Akande v MJE where Ferriter J. gave judgement last year.

Mr Akande unfortunately had a serious drug conviction and had received a substantial prison sentence. However, he had made a good rehabilitation and had been 10 years without a conviction. The Minister declined to grant citizenship because they were not satisfied that Mr Akande had good character.

The court said the Minister must consider all aspects of an applicant’s history and conduct; the nature, gravity and context of any past offending; mitigation, rehabilitation, and the passage of time; and current integration, employment, family life and contributions to society.

Once satisfied that the Minister has considered these factors, the court will not substitute its opinion for that of the Minister. Mr Akande failed to overturn the Minister’s refusal.

Does this mean that you cannot be naturalised if you have a conviction? No, you can still be approved but it is important to make a full presentation of all mitigating factors when applying.

Nor is a refusal on good character grounds a bar to future applications. The passage of time without ‘trouble’ is a factor that must be considered by the Minister when making the assessment.

If you would like to talk to us about Irish Citizenship or any other legal issue please email us info@mcgrathmullan.ie, call us at +353 (0) 1 873 5012 or contact us here.

Continuous Residence and Naturalisation

Gerry McGrath — Wed, 27 Aug 2025 11:52:00 +0000

An attempt to shake the requirement that a person not be absent from the State for more than 70 days (extendable to 100 days in exceptional circumstances) has fallen at the first hurdle.

In a decision 25^th July 2025, Ms. Justice Siobhán Phelan refused Bulent Hicsonmez’s application for leave to proceed with judicial review. Mr Hicsonmez’s application for naturalisation had been rejected because he had been absent for more than 117 days in the year prior to his application.

The argument that the application of Section 15C of the Irish Nationality and Citizenship Act, (the amendment was introduced in 2023), was retrospective was misconceived. The court held that the provision applied prospectively to applications made after its commencement on July 31, 2023, and the applicant’s application was submitted in June 2024, well after the provision came into effect.

The court rejected the argument that the Minister had discretion to waive the statutory conditions under Section 15C. It clarified that the Minister’s discretion only arises if the statutory conditions are met, and the applicant’s absences far exceeded the allowable limits.

What is not so clear is whether absences from the State in the other years prior to the application will cause an application to fail. The application form still asks about all absences. It would be wise to limit absences to less than 70 days where possible, in every year of the five prior to the application to be sure and not just the final year.

If you would like to discuss this or any other legal matter, please email McGrath Mullan’s office info@mcgrathmullan.ie or call us here +353 (0) 1 873 5012

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Family reunification for spouses and partners of Irish nationals: What you need to know?

Taise Azevedo — Tue, 27 May 2025 16:17:10 +0000

If you are married to or in a civil partnership with an Irish citizen, you may be eligible to apply for permission to live and work in Ireland. This process allows you to live with your spouse or partner, without needing a separate work
permit. However, you must provide evidence that your relationship is genuine, committed, and that you are living together as a family unit.

Who can apply?

There are two main ways to qualify for permission to live in Ireland with an Irish national:

If you already have permission to be in Ireland:

If you hold a valid residence permission such as stamp 1, 2, 3, or 4, or entered with a ‘D’ Join Family visa.
If you are a non-visa national, you may also be eligible if you’ve been granted a “Join Spouse” or similar immigration stamp.

If you do not have permission to be in Ireland:

Even without current permission or if you entered on a ‘C’ short stay visa, you may still qualify, as long as you meet specific criteria, such as being over 18 and living genuinely with your Irish spouse.

Required documents

The application for permission involves submitting several documents, such as:

Your original marriage or civil partnership certificate.
Passports of both you and your Irish spouse.
Proof of your joint address and sufficient financial means.

How to apply?

The way you apply will depend on your current immigration status:

If you are currently in Ireland and have valid permission, you will apply through the registration office, either by appointment or online via the ISD portal.
If you do not have valid permission, you may need to submit your application through the DCC portal, depending on your specific situation.

What happens after you apply?

If your application is approved, you will receive a letter from immigration service delivery (ISD) granting you permission to remain in Ireland. However, if your application is refused, you have the option to request a review of the decision.

Why choose McGrath Mullan LLP?

While the family reunification process may seem straightforward, it involves careful consideration of relationship details, documentation, and specific immigration circumstances. Our team of experts is here to ensure that all requirements are met and that your application has the best chance of success. Avoid errors that could delay or jeopardise your application.

At McGrath Mullan LLP, our experience in immigration law makes navigating the family reunification process simpler, offering expert guidance and ongoing support to ensure your application is processed correctly.

Contact us to learn how we can help you reunite your family in Ireland quickly and without complications. info@mcgrathmullan.ie

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New guidelines published for Irish citizenship applications on the basis of Irish Descent and Irish Associations

Naoise Duffy — Fri, 02 May 2025 10:16:37 +0000

If you have Irish ancestry or Irish family members and have significant connections to Ireland then you may be eligible to apply for Irish citizenship.

New guidelines recently published by the Department of Justice have clarified the requirements to qualify for citizenship under Section 16 of the Irish Nationality and Citizenship Act 1956, which allows the Minister for Justice to set aside the usual requirements that apply when seeking citizenship (such as the residency requirements) if a person can show they are of Irish descent or have Irish associations.

There are three requirements that need to be met to qualify under Section 16:

1. Prove Irish descent or Irish associations

The first step is to show that you are of Irish descent or have ‘Irish associations’.

Irish descent includes direct lineal descendants of a person who is, or was at the time of their death, an Irish citizen – such as great-grandchildren of Irish citizens.

‘Irish Associations’ includes anyone who is related to someone who is (or is entitled to be) an Irish citizen, or someone who was (or was entitled to be) an Irish citizen at the time of their death, through:

Blood – this includes parents or grandparents of an Irish citizen child or siblings of an Irish citizen.
Affinity – where a person is related to an Irish citizen by marriage – this includes the spouse and the spouse’s immediate blood relatives (such as their parents or siblings).
Adoption – where the adoption is recognised under the Adoption Act 2010, or was based on legitimate legal processes where the child’s welfare was paramount.
Civil partnership – where the civil partnership is registered under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (the 2010 Act) or recognised under Section 5 of the 2010 Act.

2. Prove a sufficiently ‘strong connection’ to Ireland

After Irish descent or Irish associations have been proved, a person must then show that they have a sufficiently strong connection to Ireland.

The Minister for Justice will decide this by looking at four different categories:

Experiential connection to Ireland
Family connection to Ireland
Cultural connection to Ireland
Establishment in Ireland

For each of these categories there are specific factors that will be considered, including whether a person has:

Lived in Ireland or visited Ireland frequently in the last 10 years
Any family members who are Irish citizens and ordinarily resident in Ireland
Contributed significantly to the Irish nation, such as through volunteer work, artistic or sporting endeavours, supporting Irish diaspora or promoting Ireland abroad, etc.
Any qualifications from Ireland
An active Irish driving licence or bank account

Each of these factors is worth a specific number of points – an application will only be considered to have a ‘strong connection’ if it has at least 50% of the total available points in at least 2 of the 4 categories listed above.

3. Minister for Justice must be satisfied the relevant statutory naturalisation conditions can be waived

Once a person has established that they have Irish descent or Irish associations and a sufficiently ‘strong connection’ to Ireland, the Minister for Justice will assess their case and decide whether the usual conditions for naturalisation should be waived – such as the requirement to have lived in Ireland for at least 5 years.

It is important to keep in mind that these applications are discretionary – they are assessed on a case-by-case basis by the Minister for Justice, and there is no guarantee of success even if all of the above criteria are met.

If you are interested in applying for Irish citizenship on the basis of Irish descent or Irish associations, we would be happy to meet with you for an initial consultation to advise you on your eligibility and the application process. Please email us at info@mcgrathmullan.ie or call us on +353 (0) 1 873 5012 for more information.

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Spouse of an Irish Citizen Visa Application

Elaine O'Sullivan — Tue, 15 Apr 2025 07:27:12 +0000

If you are the spouse of an Irish citizen and you would like to move to Ireland to live with them on a long-term basis, you may be eligible to do so provided you meet the Department of Justice’s conditions.

The first thing to consider is if you are from a visa required country. If you are not from a visa required country, the application process requires fewer steps in that you do not need to apply for a visa to travel to Ireland. Instead, you simply need to travel to Ireland with your Irish spouse, satisfy airport immigration of your intentions for moving here, and complete the steps for registering your residency permission here in Ireland.

Whereas if you are from a visa required country, you must first submit an application for a ‘D’ visa to your nearest Irish Embassy or VSF office. Once your visa is approved, you can then travel to Ireland and apply to register your permission after you arrive here.

The ‘D’ visa application involves completing a visa application form online. You then have 30 days from the date you submit your online application to submit some supporting documents to the relevant embassy. And in some cases, depending on where you live, you may be required to attend an appointment at an embassy or VSF office to submit your supporting documents in person.

The preparation and submission of the relevant supporting documents is a very important part of the application process, therefore it is crucial that you are well prepared. The supporting documents must be submitted in their original format. They must be translated if not in English, and certain identity documents must be apostilled or notarised.

Upon review of your application, the Visa Office must be, among other things, satisfied that your spouse is an Irish citizen and that they have the finances to support you on a long-term basis in Ireland. If you are only very recently married, and /or your relationship has been long distance / you have never lived together, the Visa Office will require a significant selection of documents as evidence of your ongoing relationship to date. An original marriage certificate is rarely, if ever, sufficient proof of your relationship to your spouse.

Once your application is submitted in full, the Visa Office will take anywhere from 6 to 15 months to process the application, sometimes longer. The time it takes them is dependent on a number of factors such as the location the application is submitted and the complexity of your case. If your application is refused, you will be given 2 months to submit an appeal, and appeals can then take anywhere from 12 to 24 months to be processed. Accordingly, in order to avoid the frustration of having your application refused and the subsequent long wait for an appeal to be processed, it is very important that you do things right the first time you apply.

If you are interested in applying for a visa to join your Irish citizen spouse in Ireland, we would be happy to meet with you for an initial consultation to advise you on your eligibility and the application process. Please email us at info@mcrathmullan.ie or call us on +353 (0) 1 873 5012.

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Naturalised Irish Citizen but living abroad? Now read on…

Gerry McGrath — Mon, 31 Mar 2025 14:07:57 +0000

If you are a naturalised Irish citizen but are living outside Ireland, you should complete a Declaration of Intention to Retain Irish Citizenship each year and file it with the Department of Justice. It is a simple form which must be signed in the presence of a notary or other qualified person. It is filed by sending it by email to a dedicated email address in Justice. If you live abroad for seven years and haven’t done this, then your citizenship may be revoked. We haven’t seen this provision used but don’t be the first to fall foul!

Contact Gerry McGrath or any of the rest of our legal team to discuss your options today. info@mcrathmullan.ie

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E-Vetting: Electronic background check process for Irish Citizenship applications

Taise Azevedo — Tue, 21 Jan 2025 17:28:28 +0000

Understanding the E-Vetting Process for Irish Citizenship Applications

E-Vetting is an electronic criminal background check conducted by the Garda National Vetting Bureau.

This process is a mandatory step in various official applications, including the Irish citizenship process, to ensure the applicant meets the character requirements set by the Department of Justice.

In the context of Irish citizenship, e-Vetting allows the government to verify any criminal record or behavior history that might affect the applicant’s eligibility. The system is electronic, making the process faster and more efficient.

How does e-Vetting work?

E-Vetting invitation: After submitting the initial citizenship form, the applicant will receive an invitation to complete the e-Vetting process. This could take a few months after submission.
Form completion: The applicant must provide personal details, including residential addresses for the past years, identity information, and consent for the background check.
Background verification: The Garda reviews the submitted data to identify any criminal history, both in Ireland and, in some cases, internationally.
Result: The e-Vetting result is sent directly to the Department of Justice for analysis in the citizenship application process.

Why is it important?

E-Vetting is essential for assessing the applicant’s “good character,” a key requirement for obtaining Irish citizenship. Any relevant criminal history or behavior that raises concerns could lead to the application being refused.

If you are in the process of applying for citizenship, ensure that you provide accurate and complete information for e-Vetting, as transparency is crucial to avoid delays or issues with the application.

Do you have any questions about your Irish citizenship application? Please do not hesitate to contact us at info@mcgrathmullan.ie.

McGrath Mullan LLP is now providing support with Italian Citizenship applications

McGrath Mullan — Mon, 09 Dec 2024 14:32:52 +0000

McGrath Mullan LLP is delighted to announce the expansion of our services to include assistance with Italian citizenship by descent.

If you believe you have Italian ancestry and wish to explore the possibility of obtaining Italian citizenship, we are here to assist you every step of the way. From gathering the necessary documentation to navigating the application process, we provide expert guidance tailored to your individual needs.

Italian citizenship by descent is a meaningful way to reconnect with your heritage while unlocking opportunities for travel, work, and residence within the European Union.

If you wish to have assistance with the process, please contact us today at info@mcgrathmullan.ie