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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• Employment Permits for Circus Artistes in Ireland: Key changes coming from November 2025
• Green Leases

Irish citizenship can be passed by descent.

• If you were born on the island of Ireland prior to 2004 you are automatically deemed an Irish citizen.
• If you were born abroad to an Irish citizen born on the island of Ireland (i.e. one or both of your parents were born in the Republic or in the North) you are automatically considered an Irish citizen.
• If you are born abroad and are the child of an Irish citizen born outside of the island of Ireland (i.e. one of your grandparents were born on the island of Ireland) you are entitled to Irish citizenship – but you must have your citizenship registered on the Foreign Births Register in order to obtain recognition of that entitlement.

It’s a pathway that has become increasingly popular for those who cherish their Irish roots or seek the benefits of EU citizenship.

Here’s a quick guide to the FBR process for those with Irish grandparents.

Determining Eligibility

The first step in the process is understanding whether you qualify for Foreign Birth Registration.

Eligibility depends on your relationship with your Irish ancestors.

If one of your parents was an Irish citizen at the time of your birth—whether they gained citizenship by being born in Ireland, through descent, naturalization, or adoption—you are eligible.

It’s also worth noting that children adopted by an Irish citizen can apply, provided the adoption is recognized under Irish law.

Collecting the Necessary Documentation

Once you’ve confirmed your eligibility, the next task is gathering all the necessary documents. This can be a difficult or simple process depending on when and where your grandparents (and possibly parents) migrated.

You will need enough documentation to show the link between you and your grandparent.

There is a guide on required documentation online.

It is quite common that applicants can’t obtain everything requested.

This is not an automatic barrier – we assist clients in these situations all of the time.

Navigating the Application Process

With your documents in hand, you’ll move on to the application itself.

This begins online at the Irish Department of Foreign Affairs (DFA) website – where a form will be filed, and signature pages generated.

Once you have this, you will need to get it signed (and witnessed) and file this with your documentation with the Department of Foreign Affairs.

The Waiting Game

The most challenging part of the FBR process might be the waiting. Processing times can stretch from several months to over a year, largely due to the high volume of applications. It’s crucial that your application is thorough and accurate, as any mistakes or missing information can lead to further delays or even rejection.

Receiving Your Certificate and Beyond

After the long wait, you’ll be notified via email when your application has been processed. If approved, you’ll receive a Foreign Births Register certificate, a document that officially confirms your Irish citizenship.

With this certificate in hand, you’re now eligible to apply for an Irish passport. This can be done online or through your nearest Irish Embassy or Consulate, allowing you to fully enjoy the rights and privileges of Irish citizenship.

Given the high demand, processing times can be long, so it’s wise to plan ahead, especially if you need your citizenship for a specific purpose like work, study, or residency in Ireland or elsewhere in the European Union.

The journey to Irish citizenship through Foreign Birth Registration is a meaningful one, allowing you to connect with your heritage while opening up new opportunities as an Irish citizen. With patience and careful preparation, you can successfully navigate this process and become a proud holder of Irish citizenship.

Final Considerations

Throughout this process, attention to detail is crucial.

Our experienced immigration lawyers and legal executives can assist you in this process and make sure that you put your best foot forward, and you don’t end up unnecessarily delayed due to easily avoidable mistakes or omissions.

Please contact info@mcgrathmullan.ie to arrange a consultation with one of our solicitors.

The case involved Mr. Voican, a dependent parent of an EU citizen working in Ireland. Mr. Voican applied for Disability Allowance (DA) but was denied by the Department of Social Protection (DSP). The DSP argued that although Mr. Voican was entitled to reside in Ireland due to his dependency on his working children, this dependency would cease once he received the DA.

The ECJ rejected this argument, concluding that a family member of an EU citizen, who has the right to reside as a dependent of that EU citizen, is also entitled to receive non-contributory social benefits such as Disability Allowance. The court’s decision reinforces the principle that the right to reside should not be contingent upon the denial of social benefits, thus providing stronger protections for the welfare of dependent family members of EU citizens.

If you would like more information on the above or would like our assistance with your own citizenship, please do not hesitate to contact our highly experienced team at 01 873 5012 or info@mcgrathmullan.ie and we would be glad to assist you.

•   Local Elections (every five years)
•   EU Elections (every five years)
•   National Elections (usually every five years)
•   Presidential Elections (usually every seven years)

Every person resident in Ireland regardless of their nationality can vote in the local elections. (Other elections are different).

However in order to be eligible to vote your name needs to be added to the electoral register.

The next elections are on 7th June 2024.

The deadline for registering for the election is 15 days prior – so in this case you should get your application to register in before 22nd May at the latest. They are, no doubt, quite busy in the lead up.

Visit Check the Register here –  https://www.checktheregister.ie/en-IE/

Contact your local authority otherwise for details on where to file a paper application if you can’t apply online.

In Ireland, the option of becoming a naturalised citizen through marriage to an Irish citizen is available to individuals who meet specific eligibility criteria.

Spouses and civil partners of Irish nationals are eligible for naturalisation through marriage, but they must have been married for a certain period, have been living in Ireland for at least three years, and have at least three years of reckonable residence in Ireland.

To apply for citizenship through marriage or civil partnership, you must also demonstrate good character and other criteria must be followed by the applicant:

• •Be at least 18 years old.
• •Be married or in a civil partnership with an Irish citizen for at least 3 years.
• •Have resided in the State for at least three year out of the last five years before you apply.
• •Declare the intention to continue residing in Ireland after becoming an Irish citizen.
• •Swear fidelity to the nation and loyalty to the Irish state.

You must fill out a specific form and submit supporting documents to ISD along with the required fees.

The process involves submitting an online application to the Irish Naturalisation and Immigration Service. Each case is assessed on its own merits, and the specific requirements and procedures may be subject to change.

If you have concerns about immigration matters in general, contact our experienced immigration team at 018735012 or info@mcgrathmullan.ie.

In some cases, a person’s Irish heritage may even mean they can become an Irish citizen. This is known as citizenship by descent and the application to become a citizen in this way is called a Foreign Birth Registration application.

This article considers the eligibility criteria for Irish citizenship by descent in more detail as well as the Foreign Birth Registration application process.

1. Eligibility for Irish Citizenship by Descent

In order to be eligible for Irish citizenship by descent a person must either have a grandparent who was born on the island of Ireland (including Northern Ireland), or a parent who, although not themselves born in Ireland, was an Irish citizen at the time their child was born. If so, the individual will be entitled to apply for Irish citizenship by making a Foreign Birth Registration application.

Unlike applications for citizenship through naturalization, which requires a person to have lived in Ireland for a certain period of time, Foreign Birth Registration applications do not have any Irish residency requirement and are based solely on the person’s Irish genealogy.

If an individual has an Irish great-grandparent or a grandparent who was an Irish citizen but not born in Ireland they will unfortunately not be eligible for Irish citizenship by descent. Similarly, if a person’s parent was born outside of Ireland and became an Irish citizen after their child was born, the child will have no entitlement to Irish citizenship by descent.

In this case it may be possible to instead make an application for Irish citizenship based on Irish associations – however, it is important to be aware that there will be an Irish residency requirement for an Irish associations application.

In most cases, in addition to having Irish relatives or ancestry, a person will need to have lived in Ireland for at least 3 years and be able to show substantial and tangible connections with Irish society for their Irish associations application to be successful.

2. Foreign Birth Registration Application

To claim their Irish citizenship, an individual must apply to be entered onto the Foreign Births Register maintained by the Department of Foreign Affairs and Trade in Ireland.

As part of this Foreign Birth Registration application, the individual must prove that: • They have a grandparent who was born on the island or Ireland OR a parent who was an Irish citizen at the time of their child’s birth, even if they themselves were not born in Ireland; and • They are related to this grandparent or parent.

This is done by providing genealogical certificates showing the link between the individual and their Irish ancestor, such as original birth, death and marriage certificates. If the application is successful, the individual will be entered onto the Register of Foreign Births and issued with a Foreign Birth Registration Certificate.

This Foreign Birth Registration Certificate has the same legal effect as an Irish birth certificate, and from this point on the individual will be an Irish citizen.

If you would like to discuss your eligibility for Irish citizenship by descent or would like our assistance with making your application please do not hesitate to contact us at info@mcgrathmullan.ie and we would be happy to assist you.

Prior to that, applicants were required to complete a paper application form (Form 8), which had to be signed in the presence of a lawyer. Additionally, the full application including supporting documents had to be submitted by registered post to the Department of Justice for processing.

Applicants can now fill out the necessary forms, upload required documents, make payments, and submit their applications with a simple click.

Changes in the required information and documents

Information and document requirements have been reduced. Here are some of the key changes:

Residential History: Applicants are no longer required to provide addresses for the last nine years.

Family Details: Names of parents, children, or spouses no longer need to be disclosed in the application.

Employment History: Applicants are no longer required to list their job history from the past five years.

Social Welfare Benefits: Information about social welfare benefits received in the last three years is no longer required.

Statutory Declaration: The Statutory Declaration is no longer applicable to the applicant but is retained for spouses of Irish citizens applying on the basis of marriage.

Referees: Applicants are no longer required to enclose three Irish references.

Online payment: The €175 application fee can now be conveniently paid online using a credit card upon completing the application.

Six-weeks rule to 70-day rule

The previous 6-week rule has been replaced with a 70-day rule applicable to all years of residency.

In essence, this rule establishes that you can spend up to 70 days outside of Ireland in a given year and still be considered resident for that year. However, exceeding 70 days in any one year or 70 days in the year preceding your application can impact your eligibility for Naturalisation.

The transition to an online application system not only simplifies the procedure but also is evidence of the Irish government’s commitment to embracing technology for the benefit of its citizens and those seeking Irish citizenship.

For enquiries about these changes and immigration matters in general, please do not hesitate to contact us at info@mcgrathmullan.ie.

Below are the main amendments:

1. Naturalisation for children: Children born in Ireland who were not entitled to Irish citizenship by birth can now apply for Naturalisation after three years of living in the country, reduced from five years.
2. Good character assessment for minor applicants: Minor applicants aged 14 and above, applying for Naturalisation, will now be subject to a “good character” assessment.
3. Continuous residence requirement: The newly enacted legislation brings clarity to the calculation of the continuous year.

The previous “six-week rule” has been replaced, and now applicants are allowed to be absent from Ireland for up to 70 days (or the island of Ireland for spouses of Irish nationals) within the continuous year before submitting their applications. Additionally, under certain circumstances deemed as “exceptional,” an extra period of up to 30 days may be granted, allowing a total of up to 100 days of absence.

The Act defines exceptional circumstances, such as health-related issues, family matters, employment commitments, and studies. The Minister for Justice holds discretionary authority to determine whether the absences fall under the category of exceptional circumstances.

4. Retroactive applications: These changes will apply to pending Naturalisation applications and all new applications.
5. Electronic communication: The legislation permits the Department of Justice to issue correspondence and serve documents electronically.
6. Additionally, the Act amends the Immigration Act 1999 concerning section 3 notices of intention to deport. Persons convicted of serious offenses or considered a threat to the security of the State will no longer be given the option to leave the country voluntarily after receiving a notice of intention to deport under section 3.

The changes offers more lenient allowances for citizenship applicants, especially the relaxation of the “six-week rule” which was restrictive and caused difficulties for many applicants. At present, a permissible absence of up to 70 days, which can be extended to 100 days under exceptional circumstances, is a more reasonable provision.

For enquiries about these changes and immigration matters in general, please do not hesitate to contact us at info@mcgrathmullan.ie.

The five-member court overturned the decisions of the High Court and Court of Appeal in our judicial review application on behalf of our (now 9-year-old) client.

Our client had been denied Irish citizenship on the basis that his father’s refugee permission had been revoked after our client was born. Sometimes ‘no’ is not an acceptable answer and we persisted until our client was eventually vindicated and declared an Irish citizen by the Supreme Court.

The decision turned on whether a revocation of refugee permission could be prospective and involved complex issues of law. Enormous credit is due to our client’s counsel, Michael Lynn SC and Anthony Hanrahan BL who brought their great skills and knowledge to the case and also to the Irish Human Rights and Equality Commission who joined the case as amicus curiae.

A link to the judgement is here:

However, if you are an adopted child in the exact same circumstances, you are automatically an Irish citizen, provided that your adoption is recognised in Ireland.

Section 11 of the Irish Nationality and Citizenship Act, 1956 (as amended) by section 175 (d) of the Adoption Act 2010 states:

“Upon an adoption order being made within the meaning of section 3 (1) of the Adoption Act 2010 or an intercountry adoption effected outside the State being recognised within the meaning of that Act, in a case in which the adopter or, where the adoption is by a married couple either spouse is an Irish citizen, the adopted child, if not already an Irish citizen, shall be an Irish citizen”.

Considering the above provision, if you fit such criteria, you will be entitled under section 11 of the Irish Nationality and Citizenship Act 1956, as amended, to apply directly for an Irish passport through the category of “Born Abroad and Adopted Under Irish Law”.

McGrath McGrane LLP was recently instructed by an UK client who had a grandparent born in Ireland. He was adopted by his father in the 1960s and his adoption was recognised in Ireland this year (2021). He applied for an Irish passport and his application was successful.

If you wish to speak to someone about your entitlement to Irish citizenship, including queries around adoption and citizenship entitlements, feel free to contact our team at 01 873 5012 or info@mcgrathmullan.ie and we would be glad to assist you.