Children born in Ireland
A child born here to non-Irish parents is a citizen if a parent lived here 3 of the 4 years before the birth. The rules on which time counts would change.
Head 4 · Section 6B(4), new 6B(4A)
| Now | Proposed | |
|---|---|---|
| Parent's time that doesn't count | Fixed list: unlawful stay, students, asylum seekers | Whatever doesn't count for naturalisation (s.16A(1)), incl. temporary protection and future additions |
| Children born before the start date | — | Keep the old rules |
Legal text
Highlighted: current wording proposed wording
6A.—(1) A person born in the island of Ireland shall not be entitled to be an Irish citizen unless a parent of that person has, during the period of 4 years immediately preceding the person's birth, been resident in the island of Ireland for a period of not less than 3 years or periods the aggregate of which is not less than 3 years.
6A.—(1) A person born in the island of Ireland shall not be entitled to be an Irish citizen unless a parent of that person has, during the period of 4 years immediately preceding the person's birth, been resident in the island of Ireland for a period of not less than 3 years or periods the aggregate of which is not less than 3 years.
(4) A period of residence in the State shall not be reckonable for the purposes of calculating a period of residence under section 6A if—
(a) it is in contravention of section 5(1) of the Act of 2004,
(b) it is in accordance with a permission given to a person under section 4 of the Act of 2004 for the purpose of enabling him or her to engage in a course of education or study in the State,
(c) it consists of a period during which a person (other than a person who was, during that period, a national of a Member State, an EEA state or the Swiss Confederation) referred to in subsection (1) of section 16 of the International Protection Act 2015 is entitled to remain in the State in accordance only with the said subsection, or
(d) it consists of a period during which a person is—
(i) an applicant within the meaning of Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU,
(ii) the subject of a return decision under Part 11 of the International Protection Act 2026,
(iii) the subject of a decision to withdraw international protection status in accordance with section 214 (1) or (2) of the International Protection Act 2026 that has taken effect in accordance with section 215 (3) of that Act, which period shall end on the commencement by the person of a period of residence to which this subsection does not apply, or
(iv) entitled to remain in the State pursuant to a permission referred to in paragraph (e) of section 236 (1) of the International Protection Act 2026.
(4) Subject to subsection (4A) a period of residence in the State shall not be reckonable for the purposes of calculating a period of residence under section 6A if it is not reckoned when calculating a period of residence for the purposes of granting a certificate of naturalisation in accordance with section 16A (1).
(4A) Subsection (4) shall not apply to a person born before the commencement of the Irish Nationality and Citizenship (Amendment) Act [2026].