Tag Archive for: Application for Naturalisation

Decision from the High Court in relation to delays in the processing of naturalisation applications where background checks are outstanding.

DECISION FROM THE HIGH COURT IN RELATION TO DELAYS IN THE PROCESSING OF NATURALISATION APPLICATIONS WHERE BACKGROUND CHECKS ARE OUTSTANDING

The High Court has delivered judgement today titled MJ v The Minister for Justice, AA v The Minister for Justice dated 30th January 2026, which were two test cases heard on the issue of whether the Minister’s delay in determining naturalisation applications, where outstanding external background checks are awaited. Many other applicants for naturalisation whose applications are also experiencing long delays due to background checks have been awaiting this judgement. We wish to confirm that Berkeley Solicitors acted on behalf of one of the Applicants.

In both cases, the applicants had applied for naturalisation in and around May 2022. The Minister had informed the applicants that their applications were straightforward applications and the average processing time for straightforward applications submitted at that time was stated to be approximately 23 months. Despite this, the applicants had been waiting approximately three and a half years for decisions at the time the cases were heard in October 2025.

The Minister had advised the applicants in correspondence that they were being subjected to background checks and that the results of those checks where awaited. They were advised that decisions on their naturalisation applications would issue within 12 weeks of the receipt of those checks.

The Applicants remain in the dark as to why they were subjected to additional background checks, what the checks involve and when they might conclude.

The High Court has held in both cases that the Minister’s delay in these circumstances is not unlawful.

Judge Bradley has held in respect of both Applicants that he cannot find that  there has been an actual refusal to make a decision on each of the Applicant’s application for citizenship which amounts to a wrongful refusal or (ii) that the delays in making a decision in each of the cases of Ms. MJ and Mr. AA are “such an egregious and unjustified delay” in dealing with the their applications “so as to be tantamount to a refusal in its effect”:

Judge Bradley has refused to grant an order directing the Minister to make decisions on these naturalisation applications and has refused to give any declaratory relief to the Applicants that would indicate the delay on behalf of the Minister in such instances is unlawful.

The Applicants remain without decisions on their naturalisation applications. It remains unclear when the background checks awaited by the Minister will be concluded.

We understand the full judgement should be available on the Courts website in the near future. https://www2.courts.ie/judgments

Berkeley Solicitors are available to provide advice in respect of all matters relating to the naturalisation application process.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

UPCOMING CITIZENSHIP CEREMONY

UPCOMING CITIZENSHIP CEREMONY – SEPTEMBER 2025

An update from the Department of Justice, dated the 14th of August, confirms that the next Citizenship Ceremonies will take place at the Convention Centre, Dublin, on Monday, the 15th of September and Tuesday, the 16th of September 2025.

Please do not contact the Department of Justice to confirm your attendance. Invitations will be issued in due course to successful applicants.
Candidates are required to bring the following:

• A valid passport

• Any additional form of identification

During the ceremony, candidates will be expected to take an Oath of Fidelity to the Nation. Certificates of Naturalisation will be sent by registered post at a later date.

Berkeley Solicitors is available to provide advice and support for anyone commencing the Naturalisation application process.

If you have any queries relating to Naturalisation please contact Berkeley Solicitors to arrange a consultation with one of our experienced legal advisors.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

UPCOMING CITIZENSHIP CEREMONY

UPCOMING CITIZENSHIP CEREMONY – JUNE 2025

The Department of Justice has confirmed that the next citizenship ceremonies are taking place on Monday 23rd and Tuesday 24th of June 2025 at the INEC, Killarney, Co. Kerry.

The Immigration Service Delivery (ISD) webpage confirms that invitations to upcoming citizenship ceremonies will issue directly to eligible candidates via post and email.

The ISD webpage regarding Citizenship Ceremonies can be found here.

The ISD webpage confirms that invitees may bring one adult guest only to the ceremony. Children are not permitted to attend the ceremonies. Minor applicants whose applications for naturalisation are approved are not required to attend a citizenship ceremony and will receive their Certificate of Naturalisation by post.

When candidates arrive at the ceremony, they will first be required to check-in at the registration desk. Candidates are required to bring either their passport or driver’s licence as a form of photo ID with them to the ceremony. Candidates will then be given an information booklet and an Irish emblem. The ceremony will last approximately two hours and will be presided over by a judge.

At the ceremony, candidates take an oath of fidelity to the nation that states that they will respect the rights, freedoms and laws of Ireland. Candidates will be provided the words of the declaration on the day of the ceremony. Following the citizenship ceremony, a Certificate of Naturalisation will be posted to each eligible candidate by registered post.

Berkeley Solicitors wishes to congratulate our clients who have recently been approved their applications for a Certificate of Naturalisation, and all who will be attending these ceremonies.

Berkeley Solicitors is available to provide advice and support for anyone commencing the naturalisation application process or who is experiencing delay in their application over the average processing time.

If you have any queries relating to the naturalisation process, please contact Berkeley Solicitors to arrange a consultation with one of our experienced legal advisors.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

 

RECENT COURT OF APPEAL JUDGEMENT RELATING TO REFUSAL OF NATURALISATION APPLICATION FOLLOWING ROAD TRAFFIC OFFENCES

On the 7th of January 2025, the Court of Appeal issued a judgment in the proceedings M and the Minister for Justice refusing to overturn the High Court’s judgement that the Minister’s decision not to grant a naturalisation certificate was lawful.

The facts of the case concerned a South African national, who had been resident in the State since 2001. She had applied for naturalisation in August of 2017, and was issued with a decision on the 28th of October 2022. Her application was refused largely on good character grounds, as she had incurred a number of driving offences in the State over the years. This applicant also had two previous refused naturalisation applications.

The Appellant had been convicted of numerous traffic offences, in 2007, 2012 and 2021. She argued that the initial traffic offences were no longer relevant, and that it was inappropriate to take into account offences that occurred so long ago when assessing her good character for the purposes of naturalisation.

However, referring to case law on the definition of good character, Ms Justice Hyland of the Court of Appeal held that there was no reason “old” traffic offences could not be considered. She noted that it is mandatory to disclose spent convictions when applying for citizenship. It was noted by the trial judge that the appellant’s general disregard for the Road Traffic Acts informed the Minister’s decision, and that this was appropriate. Ms Justice Hyland agreed with this assessment.

Furthermore, it was held that the 2021 conviction must be considered recent; the Minister was entitled to consider all three of the convictions, placing the most weight on the most recent offence.

It was held that the Minister comprehensively assessed the Appellant’s character in coming to her decision. The decision recited the history of the appellant’s naturalisation applications and long-term residency applications, accurately set out details of the appellant’s convictions and penalties, and summarised the explanation given by appellant for same. The decision also referred to her employment since 2001. The judge was satisfied that everything had been considered as a whole, and that ultimately the appellant’s disregard for road traffic laws (in particular, her careless driving) meant that she was deemed not to be of good character for the purposes of naturalisation.

This judgement highlights the significance of minor road traffic offences in the assessment of good character for the purposes of naturalization applications.

To read this judgment in full, please see the below link:

https://www.courts.ie/view/Judgments/a7508764-2b51-4f89-9cc3-43891710d72d/74f0aa0e-16e1-42dd-813b-d7ed17c5af59/2025_IECA_1.pdf/pdf

Berkeley Solicitors is available to provide advice and support for anyone commencing the naturalization application process.

 

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

CITIZENSHIP CEREMONY UPDATE

MINISTER FOR JUSTICE COMMENCES NEW LEGISLATION ALLOWING FOR REVOCATION OF IRISH CITIZENSHIP BY NATURALISATION

Section 19 of the Irish Nationality and Citizenship Act 1956 empowers the Minister to revoke naturalised Irish citizenship in certain circumstances and sets out the procedure to do so.

Following the decision of the Supreme Court in the case of Damache v Minister for Justice [2021] IESC 6, this procedure could not be utilised as it was found to be unconstitutional.

The Supreme Court held that the process as provided for in Section 19 of the Irish Nationality and Citizenship Act 1956 did not contain sufficient procedural safeguards to meet the high standards of natural justice applicable to a person facing such severe consequences.

The Minister for Justice Jim O’Callaghan has signed an order to recommence legislation allowing for naturalised Irish citizenship to be revoked in serious cases, effective from 7th April 2025.

We refer to our previous blog post on this topic, available here.

In a statement, Minister O’Callaghan outlines that the issues raised in the Supreme Court judgement of Damache have been addressed in the new procedure.

Section 19 of the 1956 Act (as amended) allows the Minister for Justice to revoke a certificate of naturalisation in cases where:

(1) the certificate was procured by fraud, misrepresentation whether innocent or fraudulent, or concealment of material facts or circumstances,

(2) the person has failed in their duty of fidelity to the nation and loyalty to the State,

(3) the person is ordinarily resident outside Ireland for a continuous period of seven years and without reasonable excuse has not annually registered an intention to retain Irish citizenship,

(4) the person is a citizen of another country which is at war with Ireland, or

(5) the person has voluntarily acquired another citizenship.

The new procedure is as follows:

Where the Minister is satisfied that one or more of the above reasons to revoke a certificate of naturalisation exists, the Minister shall issue a notice of intention to revoke the certificate of naturalisation on the person concerned. This notice must inform the affected person of the intention to revoke their certificate of naturalisation, and set out the reasons for this.

The notice can be served on an affected person in numerous ways, including by post or electronically.

Once the notice has been issued, the affected person will have a period of 28 days to respond and make representations regarding the revocation of their citizenship.

The Minister must then notify the affected person of the decision. If the Minister decides to revoke the certificate of naturalisation, the reasons for this decision must be set out.

A person who is the subject of a decision to revoke their certificate of naturalisation will have the right to request that an independent Committee of Inquiry be held to look into the Minister’s decision.

The Committee of Inquiry will consider the Minister’s decision to revoke the certificate of naturalisation and may decide to affirm or set aside the decision.

For further information, please see the press release published by the Irish government here.

Berkeley Solicitors are available to provide support and assistance to any persons affected by the new revocation process.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

UPDATED GUIDANCE ON APPLYING FOR NATURALISATION THROUGH IRISH ASSOCIATIONS

On the 2nd of April 2025, the Department of Justice published updated guidelines for those looking to apply for Irish citizenship via Irish associations.
The Irish Nationality and Citizenship Act 1956 provides that the Minister for Justice has the discretion to grant a certificate of naturalisation where the applicant is of Irish descent of Irish associations, despite the normal conditions for naturalisation not being met.

For the purposes of this Act, a person is considered to be of Irish associations if they are related through blood, affinity or adoption to, or are the civil partner of:

• a person who is (or is entitled to be) an Irish citizen; or
• a deceased person who was (or was entitled to be) an Irish citizen at the time of their death.

It is not enough for a person to simply establish that they are of Irish associations. The Minister will use his absolute discretion in considering these applications, taking into account the following indicative categories:

• Experiential connection to the State
• Family connections to the State
• Cultural connection to the State
• Establishment in the State.

Applications are assessed under section 16(1)(a) and 16(1)(b) of the Irish Nationality and Citizenship Act 1956 (as amended) on a points basis. Points are awarded for satisfying certain scoring criteria related to the above categories. Applicants will need to achieve a score of at 50% or more in two or more of the above categories in order to qualify.

Notably, 60 points are awarded where the applicant has family members (as defined in section 15C the Act) who are, or were at their time of death, Irish citizens ordinarily resident in Ireland. Please refer to Table 1 in the guidelines for the full indicative scoring criteria.

While this assessment will be used to support officers of the Minister in assessing applications under section 16(1)(a) and 16(1)(b) of the Act, there may be other relevant factors not listed here that may be taken into account depending on the circumstances of an individual’s case. The Minister may exercise their absolute discretion in all cases and decisions will be made on a case-by-case basis.

It should be noted that this is entirely at the Minister’s discretion, and satisfying these guidelines does not guarantee the granting of a certificate of naturalisation. For more information, the new guidelines can be found at https://www.irishimmigration.ie/wp-content/uploads/2025/04/Irish-Association-wording-31032005.pdf.

UPDATES REGARDING REGISTRATION REQUIREMENTS FOR MINORS

CURRENT EXPERIENCES OF THE IMMIGRATION SERVICE DELIVERY PORTALS

In 2023, the Minister opened the Immigration Service Delivery (ISD) Forms Portal. This portal provides applicants with an opportunity to submit a number of immigration applications to the Minister. This includes an application for renewal of immigration registration, an application for naturalisation for adults and minors and other specific immigration applications including de facto partner applications and applications for extension of student permissions.

In October 2024, the Minister also launched a separate portal, “The Digital Contact Centre”. It appears that the purpose of this portal is for persons to communicate with the Minister in respect of their applications, immigration concerns. However, a number of specific immigration applications are also submitted via this portal, including an application for first time registration and also applications as the parent or spouse of an Irish citizen.

The modernisation of ISD is to be warmly welcomed.

Any progress that can make the immigration system more accessible and easier to navigate for applicants is to be commended and supported.

Applicants are facing a number of issues with these portals as they currently operate.

One of the main issues with the ISD forms portal that are clients are informing us of and we are experiencing ourselves is as follows:

Once an application is submitted via the ISD forms portal, it can no longer be accessed or updated. It is possible to log in and see the data entered, however it is not possible to have sight of the documents uploaded or to amend the application in any way.

When the application is being assessed, the ISD may write to an applicant and ask for further information and documents. If this occurs, the portal application is “re-opened” and access is given to upload the further documents and or information. In many cases this system works smoothly and the documents are uploaded and submitted. However, in many cases , this creates a concerning issue with the application.

If a person needs more time to submit the required documents, perhaps documents need to be requested from other state departments and so on, there is no facility to request an extension of time.

In our experience the portal request closes after a set period of time (sometimes unknown to the applicant) , with no further notice and it is no longer possible to update the application and provide the documents requested.

Very recently, the ISD have stopped operating the email address for the Citizenship unit, which has been the main channel of communication between ISD and applicants  for many years.

Applicants therefore would have no option but to send a letter by post to citizenship or to instruct a solicitor to assist them with the predicament they find themselves in.

Our office has experienced difficulties with submitting further documents, vital to a citizenship application or indeed specifically requested, via post. We have received many responses from ISD  with a direction that documents can only be submitted via the portal- This is not workable if the portal in question has not been reopened .

The move to a portal system is a big change for all parties in this process- applicants, solicitors and the  ISD.

It should be recognised that this is changing and evolving time and applicants should be assisted and facilitated in navigating this new system and there should be a recognition by ISD that this system is in its infancy.

Applicants should not be put at risk that their application might be refused, rejected or deemed ineligible when they have made best efforts to submit a comprehensive application and have tried their upmost to comply with requests via the new portal system.

No applicant should be put at risk of a rejection in these circumstances.

We also look forward to the creation of a third party portal so that solicitors have  a real way to act for their clients on their immigration  applications and are not relying on interim solutions to use portals that have be established for use by individual applicants and not solicitors.

Berkeley Solicitors through our involvement with the Irish Immigration Lawyers Association, have brought our concerns regarding the issues we are encountering with the portal to the attention of the Department and are engaging with the Department towards seeking to improve the system

UPCOMING CITIZENSHIP CEREMONY

UPCOMING CITIZENSHIP CEREMONY

The Department of Justice has announced that the next citizenship ceremony will take place on Monday the 16th September 2024. The ceremony is being hosted in the Dublin Convention Centre, at North Wall Quay in Dublin 1.

The Department of Justice has recently published details regarding the citizenship ceremonies on the Immigration Service Delivery website.

The ISD webpage confirms that invitations to upcoming citizenship ceremonies will issue to eligible candidates via post and email. Invitees may bring one adult guest only to the ceremony. Children are not permitted to attend the ceremonies. Minor applicants whose applications for naturalisation are approved are not required to attend a citizenship ceremony and will receive their Certificate of Naturalisation by post.

When candidates arrive at the ceremony, they will first be required to check-in at the registration desk. Candidates are required to bring either their passport or driver’s licence as a form of photo ID with them to the ceremony. Candidates will then be given an information booklet and an Irish emblem. The ceremony will last approximately two hours and will be presided over by a judge.

At the ceremony, candidates take an oath of fidelity to the nation that states that they will respect the rights, freedoms and laws of Ireland. Candidates will be provided the words of the declaration on the day of the ceremony. Following the citizenship ceremony, a Certificate of Naturalisation will be posted to each eligible candidate by registered post.

The ISD webpage also provides a list of the previous citizenship ceremonies that have been held, dating back to 21st April 2017, and links to the live streams of a selection of previous citizenship ceremonies, dating back to 9th December 2019.

The ISD webpage regarding Citizenship Ceremonies can be found here.

Berkeley Solicitors wishes to congratulate our clients who have recently been approved their applications for a Certificate of Naturalisation, and all who will be attending these ceremonies.

EMPLOYMENT PERMITS ACT 2024 SIGNED INTO LAW

NATURALISATION APPROVAL BASED ON STAMP 2A (SPOUSE OF PHD STUDENT)

Clients of Berkeley Solicitors have recently received a positive decision regarding a naturalisation application for a minor child of a Stamp 2A holder, based on their parent’s residence. It was previously thought that Stamp 2A was not reckonable for naturalisation purposes and this continues to be stated on the ISD website.

The applicant child’s parent was the spouse of a PhD student and held Stamp 2A on that basis.  We argued that the Stamp 2A permission was reckonable for naturalisation purposes pursuant to Section 16A(1) of the Irish Nationality and Citizenship Act 1956 (as amended) as the permission issued to the child’s parent as the spouse of a financially independent student, not for the purpose of engaging in a course of education or study. The application was ultimately successful.

We note that this is an extremely positive development, and we are grateful for the decision issued to our clients.

Please note that this legal argument would not apply to other categories of Stamp 2A holder who are themselves studying in Ireland.

For more information on citizen and naturalisation please see the link below:

https://berkeleysolicitors.ie/citizenship-and-naturalization/

If you or a family member have any queries regarding Stamp 2A and citizenship, please do not hesitate to contact us.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

EMPLOYMENT PERMITS ACT 2024 SIGNED INTO LAW

STAMP 0 PERMISSION ACCEPTED AS RECKONABLE RESIDENCE FOR NATURALISATION

Berkeley Solicitors have recently received a number of successful naturalisation decisions for clients resident on Stamp 0 permission.

In approving the applications for our clients, the Department of Justice have accepted that Stamp 0 is reckonable residence for the purposes of naturalisation.

These decisions are significant given that the Department have previously maintained that Stamp 0 residence permission is a low-level immigration status which is granted for a limited and specific stay in Ireland.

There are three main types of persons eligible for Stamp 0:

 

  1. Elderly dependent relatives
  2. Persons of independent means
  3. Visiting academics

This is very welcome news for individuals resident in the State on Stamp 0 permission, many of whom have made Ireland their permanent home but have concerns regarding their reckonable residence in the State for the purposes of naturalisation.

Although acquiring citizenship is a privilege and not a right and is subject to the Minister’s absolute discretion, the Minister must act within the confines of the statutory definition of reckonable residence as defined at Section 16 A of the Irish Nationality and Citizenship Act 1956, as amended.

We at Berkeley Solicitors welcome this very encouraging development surrounding reckonable residence and we congratulate our clients on their successful applications.

We are happy to advise any clients wishing to pursue their naturalisation application.