Analysis of the proposed amendment to the citizenship lawIRELAND · 2026
Explore the arguments

Five years or eight?

The Scheme raises the residence needed for ordinary naturalisation from five years to eight, and the last two of those years must be continuous. For most future applicants it is the change they will feel first. [1]

Five years is common in the EU

The EU has no common rule. Seven member states let people apply after five years, counting any time needed first to obtain permanent residence: Belgium, France, Germany, Ireland (under the current rule), Luxembourg, Malta and the Netherlands. [2] How each country was checked.

The Government’s announcement pointed to countries that require seven to ten years, among them Austria, Italy and Spain. It did not mention the seven member states that require five. [3]

Why eight?

The Scheme gives one reason. The longer period is meant to “establish a proportionate timeline that encourages steady economic and social integration before naturalisation”. [1]

It does not say why eight years is proportionate and five is not, which Irish problem the extra three years would solve, or how the number reflects Ireland’s own circumstances: a labour market that recruits abroad, a health service that depends on overseas-trained staff, and a national strategy to attract researchers. The people who naturalise here are, as the previous chapter shows, mostly already working and settled.

Uncertainty for people already here

The change falls on people who came under the current rules and planned their lives around them. Many are nurses, carers, doctors and IT specialists, recruited through a permit system that is still running: the State issued 31,044 employment permits in 2025, including renewals. [4] Ireland keeps inviting people to come and settle while telling them that the route to citizenship may become three years longer.

The Scheme has no transition rule for the residence period, and the start date will be set by ministerial order. Someone four and a half years into a five-year wait could find they need another three and a half, without knowing when the change takes effect. [1] The Government’s own statements add to the doubt. In a parliamentary answer the Minister of State said the new residence periods are “intended to apply from enactment of the new Bill”, and that people can apply under the current rules “only … until the new Bill is enacted”, while the Scheme ties the start to a later commencement order. Applicants cannot tell which date will count. [5] For many families, citizenship is the point at which they stop renewing immigration permissions and can plan for the long term. Moving that point, with no date and no protection for people part-way through, adds real stress to people who are working in Ireland and paying tax here.

Students and researchers would wait twelve years

Time on a student permission (Stamp 2) does not count as reckonable residence now, and would not count under the Scheme. [6] [7] A PhD student who spends four years on Stamp 2 and then takes a job in Ireland still has to build up the full residence period afterwards: nine years in total under the current rule, twelve under the proposal.

Until then, non-EU researchers travel on their original passports. Ireland is outside the Schengen area, and an Irish residence permission does not open it, so many need a separate Schengen visa for each conference, research visit or internship. [8] The European Commission itself acknowledges “long waiting times for Schengen visa appointments” in some places. [9] When an appointment cannot be found in time, the researcher misses the event, and the Irish university loses the chance to present its work.

Ireland’s own talent strategy, Global Citizens 2030, sets out to attract international researchers and PhD students. [10] Three more years before they can apply for citizenship works against that aim.

Families in Northern Ireland

Irish citizenship is an all-island status. The Bar of Ireland, in its October 2026 submission, says the Scheme appears to have been drafted mainly with people living in the State in mind, and that Irish citizens in Northern Ireland and their families were given insufficient consideration. [11]

The spouse route counts residence “in the island of Ireland”, and Head 6 keeps that wording while raising the periods. It is the main way Irish citizens in Northern Ireland pass citizenship on to a spouse or civil partner. Since Brexit it is also, in practice, the main way such a family can share EU citizenship, because a non-EU spouse who naturalises as British does not become an EU citizen. Yet the explanatory note to Head 6 describes its purpose as increasing the time a spouse “should be residing in the state”. The Bar reads this as a sign that families in Northern Ireland were not in contemplation, and asks that the Bill confirm that residence there still counts. [6] [1] [11]

The rules on which residence does not count are written for the State. For citizenship at birth, section 6B(5) already excludes some residence in Northern Ireland by reference to section 6B(4). Because Head 4 replaces section 6B(4), it would widen those exclusions in Northern Ireland too, including any further permissions the Minister prescribes under Head 9. Neither Head mentions this. For the spouse route there would be no statutory rules on residence in Northern Ireland at all, so its treatment would rest on Department policy under an absolute discretion, with less transparency than for applicants in the State. [6] [11]

Unmarried partners

An unmarried partner in a durable relationship with an Irish citizen is worse placed still. In the State, such a partner can hold a permission based on the relationship and build up residence on the ordinary route. In Northern Ireland they cannot: the ordinary route counts only residence “in the State”, and the partner route is limited to spouses and civil partners. However long the relationship, residence in Northern Ireland counts for nothing. [6] [11]

The Bar points out that the same partner could qualify for British citizenship through residence in Northern Ireland, so a British citizen there can share citizenship with a partner and an Irish citizen living in the same place cannot. The problem predates the Scheme, but by lengthening the ordinary route Head 5 makes it worse. The Bar proposes that recognised partners of Irish citizens be allowed to count residence anywhere on the island, proved either through recognition under UK immigration law or to the standard the Department already applies to partners in the State. [11]

Sources
  1. Department of Justice · General Scheme, 21 September 2026 Research note
  2. European Parliamentary Research Service · Acquisition and loss of citizenship in EU Member States, 2025, Figure 2 Research note
  3. Department of Justice · Press release on priority drafting of the Bill, September 2026 Research note
  4. Department of Enterprise · Employment permit statistics Research note
  5. Oireachtas · PQ 894, 16 September 2026 Research note
  6. Law Reform Commission · Irish Nationality and Citizenship Act 1956, revised Research note
  7. Immigration Service Delivery · Immigration permission stamps Research note
  8. Citizens Information · The Schengen Area Research note
  9. European Commission · EU Visa Strategy, COM(2026) 43, 29 January 2026 Research note
  10. Government · Global Citizens 2030 talent and innovation strategy Research note
  11. Bar of Ireland · Submission on the General Scheme, October 2026 Research note