Waivers
When the Minister can grant citizenship even though a condition isn't met.
Head 8 · Section 16
| Condition | Anyone (new s.16(1A)) | Only refugees, stateless people, Irish descent / associations, public service abroad (s.16(1)) |
|---|---|---|
| Good character | No | No (could be waived before) |
| Residence | No | Yes |
| Income and welfare test | No | Yes |
| Offences bar | No | Yes |
| Language and civics tests | Yes, in circumstances set later | Yes |
| Conditions while you wait | No | Apparently not |
Legal text
Highlighted: current wording proposed wording
16.—(1) The Minister may, in his absolute discretion, grant an application for a certificate of naturalisation in the following cases, although the conditions for naturalisation (or any of them) are not complied with:
16.—(1) The Minister may, in his absolute discretion, grant an application for a certificate of naturalisation in the following cases, although the conditions for naturalisation (or any of them) are not complied with:
(a) where the applicant is of Irish descent or Irish associations;
(a) where the applicant is of Irish descent or Irish associations;
(b) where the applicant is a parent or guardian acting on behalf of a minor of Irish descent or Irish associations;
(b) where the applicant is a parent or guardian acting on behalf of a minor of Irish descent or Irish associations;
(c) where the applicant is a naturalised Irish citizen acting on behalf of a minor child of the applicant;
(c) where the applicant is a naturalised Irish citizen acting on behalf of a minor child of the applicant;
(d) […]
(d) […]
(e) […]
(e) […]
(f) where the applicant is or has been resident abroad in the public service;
(f) where the applicant is or has been resident abroad in the public service;
(g) where the applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees of the 28th day of July, 1951, and the Protocol Relating to the Status of Refugees of the 31st day of January, 1967, or is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless Persons of the 28th day of September, 1954.
(g) where the applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees of the 28th day of July, 1951, and the Protocol Relating to the Status of Refugees of the 31st day of January, 1967, or is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless Persons of the 28th day of September, 1954.
Not in current law
(1A). The Minister may, in his absolute discretion, waive the condition specified in paragraph (h) and paragraph (i) of subsection (1) of section 15 and paragraph (j) and paragraph (k) of section 15A in certain circumstances, as prescribed.
(1B). The condition of good character in sections 15 (1) (b), 15A (1) (b) and 15B (1) (b) cannot be waived in any circumstances.