S.I. No. 196/2002 -- Irish Nationality and Citizenship (Declaration of Citizenship) Regulations 2002
STATUTORY INSTRUMENT | ||||||||
Irish Nationality and Citizenship (Declaration of Citizenship) Regulations 2002 | ||||||||
Published by the Stationery Office, Dublin | ||||||||
To be purchased direct from the Government Publications Sales Office, Sun Alliance House, | ||||||||
Molesworth Street, Dublin 2, | ||||||||
or through any bookseller. | ||||||||
Irish Nationality and Citizenship (Declaration of Citizenship) Regulations 2002 | ||||||||
I, John O'Donoghue TD, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 3 of the Irish Nationality and Citizenship Act 1956 ( No. 26 of 1956 ) make the following regulations: 1. These Regulations may be cited as the Irish Nationality and Citizenship (Declaration of Citizenship) Regulations 2002. 2. In these Regulations “Principal Act” means The Irish Nationality and Citizenship Act 1956 ( No. 26 of 1956 ), as amended by the Irish Nationality and Citizenship Act 1986 (No. 23 of 1986), The Irish Nationality and Citizenship Act 1994 ( No. 9 of 1994 ), and the Irish Nationality and Citizenship Act 2001 ( No. 15 of 2001 ). 3. Every declaration of citizenship made by a person under section 6(4)(a) of the Principal Act (as amended by section 3 of the Irish Nationality and Citizenship Act 2001 ) shall— | ||||||||
(a) if made by a person of full age, be in form 1 in the Schedule to these Regulations, | ||||||||
(b) if made by a parent or guardian acting on behalf of a minor, be in form 2 in the Schedule to these Regulations. 4. Every declaration of citizenship made by a person under section 6(4)(b) of the Principal Act (as amended by section 3 of the Irish Nationality and Citizenship Act 2001 ) shall— | ||||||||
(a) if made by a person of full age, be in Form 3 in the Schedule to these Regulations, | ||||||||
(b) if made by a parent or guardian acting on behalf of a minor, be in Form 4 in the Schedule to these Regulations. 5. Every declaration of citizenship made by a person under section 6(5) of the Principal Act (as amended by section 3 of the Irish Nationality and Citizenship Act 2001 ) shall be in Form 5 in the Schedule to these Regulations. 6. A declaration under section 6 of the Principal Act (as amended by section 3 of the Irish Nationality and Citizenship Act 2001 ) shall— | ||||||||
(a) if made in the territory of the State, be made before one of the following persons recognised or acting as such within the State: | ||||||||
(i) a notary public, | ||||||||
(ii) a commissioner for oaths, | ||||||||
(iii) a peace commissioner, | ||||||||
(iv) a minister of religion, | ||||||||
(v) a member of Dáil Éireann or Seanad Éireann or a member of the European Parliament for a constituency within the State, | ||||||||
(vi) a member of a local authority for the purpose of the law relating to local government, | ||||||||
(vii) a member of the legal profession, | ||||||||
(viii) a medical practitioner, | ||||||||
(ix) a member of the teaching staff of a duly recognised primary school, secondary school or third level institution, | ||||||||
or | ||||||||
(b) if made in any place other than the territory of the State, be made before one of the following persons: | ||||||||
(i) a person to whom section 5 of the Diplomatic and Consular Officers (Provision of Services) Act 1993 ( No. 33 of 1993 ) applies, | ||||||||
(ii) a notary public, | ||||||||
(iii) any person who is, by the law of the country in which the declaration is made, a commissioner for oaths or other person authorised to take affidavits and for that purpose to administer oaths. | ||||||||
Schedule | ||||||||
FORM 1 IRISH NATIONALITY AND CITIZENSHIP ACT 1956 | ||||||||
Declaration of citizenship by a person of full age, born in the island of Ireland, its islands and seas, to a non-national who at the time of that person's birth was entitled to diplomatic immunity within the State. | ||||||||
I............................................................ ..........(Name in full) | ||||||||
of............................................................ ............................................................ .......(address) | ||||||||
born at...........................................................(place of birth), a place in the island of Ireland, its islands and seas on............................................................ ....(date) and being of full age, hereby declare myself to be an Irish citizen. | ||||||||
Signature................................................. | ||||||||
(Mr./Ms.) | ||||||||
Date.............................................. | ||||||||
Declared and subscribed before me a............................................................ . * (insert qualification) by the person named above who is personally known to me (or, who is identified to me by............................................................ .......who is personally known to me). | ||||||||
Signature................................................... | ||||||||
Address.................................................... | ||||||||
....................................................... | ||||||||
Date................................................ | ||||||||
FORM 2 IRISH NATIONALITY AND CITIZENSHIP ACT 1956 | ||||||||
Declaration of citizenship on behalf of a person not of full age, born in the island of Ireland, its island and seas, to a non-national who at the time of that person's birth was entitled to diplomatic immunity within the State. | ||||||||
I,............................................................ .....(name of parent or guardian in full) | ||||||||
of............................................................ ..........................................(address) | ||||||||
being the parent or guardian of ............................................................ ....(name of child in full) | ||||||||
of............................................................ ..........................................................(address) | ||||||||
who was born at ................................................... (place of birth of child), a place in the island of Ireland, its islands and seas on........................................................... (date) | ||||||||
hereby declare him/her to be an Irish citizen. | ||||||||
Signature...................................................... | ||||||||
(Mr./Ms.) | ||||||||
State whether parent or guardian................................ | ||||||||
Date........................................................ | ||||||||
Declared and subscribed before me a......................................................... * (insert qualification) | ||||||||
by the person named above who is personally known to me (or, who is identified | ||||||||
to me by............................................................ ...................who is personally known to me). | ||||||||
Signature............................................................ ...... | ||||||||
Address............................................................ | ||||||||
.......................................................... | ||||||||
Date........................................................ | ||||||||
FORM 3 IRISH NATIONALITY AND CITIZENSHIP ACT 1956 | ||||||||
Declaration of citizenship by a person of full age, born in the island of Ireland, its islands and seas, to a non-national on a foreign ship or a foreign aircraft. | ||||||||
I,............................................................ (Name in full) | ||||||||
of............................................................ .................................................. (address) | ||||||||
born at.................................(place of birth), a place in the island of Ireland, its islands and seas on............................................................ ... (date) | ||||||||
and being of full age, hereby declare myself to be an Irish citizen. | ||||||||
Signature.................................................. | ||||||||
(Mr./Ms.) | ||||||||
Date............................................................ | ||||||||
Declared and subscribed before me a..........................................................* (insert qualification) | ||||||||
by the person named above who is personally known to me (or, who is identified | ||||||||
to me by............................................................ .......................who is personally known to me). | ||||||||
Signature......................................................... | ||||||||
Address.................................................... | ||||||||
...................................................... | ||||||||
Date..................................................... | ||||||||
FORM 4 IRISH NATIONALITY AND CITIZENSHIP ACT 1956 | ||||||||
Declaration of citizenship on behalf of a person not of full age, born in the island of Ireland, its island and seas, to a non-national on a foreign ship or a foreign aircraft. | ||||||||
I,.......................................................(name of parent or guardian in full) | ||||||||
of............................................................ ...............................................(address) | ||||||||
being the parent or guardian of..........................................................(name of child in full) | ||||||||
of............................................................ ...........................................(address) | ||||||||
who was born at.............................................(place of birth of child) a place in the island of Ireland, its islands and seas | ||||||||
on......................................................(date) | ||||||||
hereby declare him/her to be an Irish citizen. | ||||||||
Signature.................................................. | ||||||||
(Mr./Ms.) | ||||||||
State whether parent or guardian................... | ||||||||
Date........................................................... | ||||||||
Declared and subscribed before me a....................................................... * (insert qualification) by the person named above who is personally known to me (or who is identified to me by............................................................ ........................who is personally known to me). | ||||||||
Signature.................................................... | ||||||||
Address............................................... | ||||||||
................................................. | ||||||||
Date..................................................... | ||||||||
FORM 5 IRISH NATIONALITY AND CITIZENSHIP ACT 1956 | ||||||||
Declaration of citizenship by a person of full age, born in the island of Ireland, its island and seas, who has lodged a declaration of alienage under Section 21 of the Act. | ||||||||
I,............................................................ ............................................................ ..(Name in full) | ||||||||
of............................................................ ........................................................(Current address) | ||||||||
[born (please insert your name at birth if different from above)............................................].* | ||||||||
at.............................(place of birth), a place in the island of Ireland, its islands and seas, | ||||||||
on..............................(date) | ||||||||
having previously lodged a declaration of alienage under section 21 of the above Act [in the name (please insert your name as given on your declaration of alienage if different from above)............................................................ .....................................].* hereby declare myself to be an Irish citizen. | ||||||||
Signature............................................ | ||||||||
(Mr./Ms.) | ||||||||
Date...................................................... | ||||||||
Declared and subscribed before me a** ....................................................(insert qualification) by the person named above who is personally known to me (or, who is identified to me by .........................................................who is personally known to me). | ||||||||
Signature................................................... | ||||||||
Address............................................ | ||||||||
.................................................. | ||||||||
Date........................................................ | ||||||||
| ||||||||
EXPLANATORY NOTE. | ||||||||
(This note is not part of the instrument and does not purport to be a legal interpretation) | ||||||||
These Regulations prescribe the forms to be used by a person born in Ireland who wishes to make a declaration that he or she is an Irish citizen as provided for in section 6 of the Irish Nationality and Citizenship Act 1956 (amended by section 3 of the Irish Nationality and Citizenship Act 2001 ). | ||||||||
* A declaration made under section 6 (4) (a) of the Act shall— (a) if made in the territory of the State, be made before any of the following persons: (i) a notary public, (ii) a commissioner for oaths, (iii) a peace commissioner, (iv) a minister of religion, (v) a member of Dáil Éireann or Seanad Éireann or a member of the European Parliament for a constituency within the State, (vi) a member of a local authority for the purpose of the law relating relating to local government, (vii) a member of the legal profession, (viii) a medical practitioner, (ix) a member of the teaching staff of a duly recognised primary school, secondary school or third level institution and (b) if made elsewhere, be made before any of the following persons: (i) a person to whom (ii) a notary public, or (iii) any person who is, by the law of the country in which the declaration is made, a commissioner for oaths or other person authorised to take affidavits and for that purpose to administer oaths. * A declaration made under section 6 (4) (a) of the Act shall— (a) if made in the territory of the State, be made before any of the following persons: (i) a notary public, (ii) a commissioner for oaths, (iii) a peace commissioner, (iv) a minister of religion, (v) a member of Dáil Éireann or Seanad Éireann or a member of the European Parliament for a constituency within the State, (vi) a member of a local authority for the purpose of the law relating relating to local government, (vii) a member of the legal profession, (viii) a medical practitioner, (ix) a member of the teaching staff of a duly recognised primary school, secondary school or third level institution and (b) if made elsewhere, be made before any of the following persons: (i) a person to whom (ii) a notary public, or (iii) any person who is, by the law of the country in which the declaration is made, a commissioner for oaths or other person authorised to take affidavits and for that purpose to administer oaths. * A declaration made under section 6 (4) (a) of the Act shall— (a) if made in the territory of the State, be made before any of the following persons: (i) a notary public, (ii) a commissioner for oaths, (iii) a peace commissioner, (iv) a minister of religion, (v) a member of Dáil Éireann or Seanad Éireann or a member of the European Parliament for a constituency within the State, (vi) a member of a local authority for the purpose of the law relating relating to local government, (vii) a member of the legal profession, (viii) a medical practitioner, (ix) a member of the teaching staff of a duly recognised primary school, secondary school or third level institution and (b) if made elsewhere, be made before any of the following persons: (i) a person to whom (ii) a notary public, or (iii) any person who is, by the law of the country in which the declaration is made, a commissioner for oaths or other person authorised to take affidavits and for that purpose to administer oaths. * A declaration made under section 6 (4) (a) of the Act shall— (a) if made in the territory of the State, be made before any of the following persons: (i) a notary public, (ii) a commissioner for oaths, (iii) a peace commissioner, (iv) a minister of religion, (v) a member of Dáil Éireann or Seanad Éireann or a member of the European Parliament for a constituency within the State, (vi) a member of a local authority for the purpose of the law relating relating to local government, (vii) a member of the legal profession, (viii) a medical practitioner, (ix) a member of the teaching staff of a duly recognised primary school, secondary school or third level institution and (b) if made elsewhere, be made before any of the following persons: (i) a person to whom (ii) a notary public, or (iii) any person who is, by the law of the country in which the declaration is made, a commissioner for oaths or other person authorised to take affidavits and for that purpose to administer oaths. ** A declaration made under section 6 (4) (a) of the Act shall— (a) if made in the territory of the State, be made before any of the following persons: (i) a notary public, (ii) a commissioner for oaths, (iii) a peace commissioner, (iv) a minister of religion, (v) a member of Dáil Éireann or Seanad Éireann or a member of the European Parliament for a constituency within the State, (vi) a member of a local authority for the purpose of the law relating relating to local government, (vii) a member of the legal profession, (viii) a medical practitioner, (ix) a member of the teaching staff of a duly recognised primary school, secondary school or third level institution and (b) if made elsewhere, be made before any of the following persons: (i) a person to whom (ii) a notary public, or (iii) any person who is, by the law of the country in which the declaration is made, a commissioner for oaths or other person authorised to take affidavits and for that purpose to administer oaths. |