Expatriates Asked on September 25, 2021
One of my initial questions on this site:)
I have been searching about Irish naturalization requirements on the internet since quite some time and I see all the usual requirements: 5 years residence, Good character, Attend a citizenship ceremony and make the declaration of fidelity etc.., where one additional requirement was Intention to reside in Ireland after citizenship is granted.
Now, this is not something totally new. However, there are some things that I have encountered that make me think whether this requirement is really very very formal? See this page. It provides a form that is used to declare the intention to retain Irish citizenship if an Irish naturalized citizen resides abroad after naturalization for continuous 7 years. In other words, if after naturalization, you live abroad for a continuous 7 years, Ireland has the right to revoke citizenship unless you declare the intention to retain citizenship each year.
This page mentions the following:
Residing Outside of Ireland After the Grant of Citizenship
When a person submits their application for Irish citizenship, they are asked if they intend to have their usual place of residence in Ireland following naturalisation and the answer to this is always yes. There are occasions where people’s circumstances change which results in them leaving Ireland, for example due to offers of employment or family circumstances.
Under the Irish Nationality and Citizenship Act 1956 as amended, the Minister for Justice has the power to revoke a certificate of naturalisation where an individual has been ordinarily resident outside of the State for seven years unless they have registered their intention to retain their Irish citizenship. This is done by submitting a Form 5 (Form CTZ2) Declaration of Intention to retain Irish citizenship by a naturalised Irish citizen residing outside of Ireland. The form which is available at the following link http://www.inis.gov.ie/en/INIS/form-CTZ2.pdf/Files/form-CTZ2.pdf, must be lodged with the INIS, or with the nearest Irish Embassy or Consular Office to a person’s location.
We strongly advise all naturalised Irish citizens to file the Form 5 if ordinary resident outside of Ireland to ensure that they retain their Irish citizenship.
After having researched all this, I am a bit confused about the legal status of the intention to reside requirement. If I naturalize to become a citizen, but then my family circumstances make me relocate back to my home country within 6-12 months after naturalization, and declare my intention to retain Irish citizenship since then, will I be impacted by any legal process like revocation of citizenship? I am asking this because intention to reside is a requirement for citizenship BUT there is also this form of declaration of intention to RETAIN citizenship if I live 7 years abroad continuously.
What do you think? If my circumstances (not necessarily strong circumstances; for example domestic circumstances) make me leave Ireland after naturalization for a long time (9-10 years) but fill that form of intention to retain citizenship, will my citizenship be revoked or preserved?
I have searched the whole internet but couldn’t find anything. Can anyone help and give a 100% sure answer?
Thank you and kindest regards,
Jay
Note:
The given link to the pdf is no longer valid.
The present link:
No one can give you 100% sure answer.
Revokation of Irish citizenship is an extremely rare proceduce. It was done five times to this date. All cases were based on Section 19 (1)(a) "certificate was procured by fraud" of Irish Nationality and Citizenship Act 1956.
Right now Supreme Court is hearing one more precedent, with revokation by Section 19 (1)(b) "person to whom it was granted has shown himself to have failed in his duty of fidelity to the nation and loyalty to the State" of the act.
40 more cases of this paragraf is waiting.
No cases of Section 19 (1)(c) at this time.
Answered by Andrey Chistyakov on September 25, 2021
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