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Married to Dual Citizen

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jmcbrg
  4/3/2016 13:29 EST

Is anyone clear on how these laws would affect retiring to Ireland when one person in the couple has Irish Citizenship and the other is American? Married 10 years, this is something we have considered several times but now we are beginning to be concerned about the realities of these new regulations.

dave8408e
  4/3/2016 18:13 EST

I'm sure this has been covered before in the forum, but as it doesn't pertain to my own situation I can't give more than a gut feeling that it's not a big deal... just a matter of registration with the local Immigration Garda. Dig through the posts and I'm sure someone will provide useful info.

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jmcbrg
  4/3/2016 18:58 EST

Thanks for the quick reply, I'll keep digging; the whole $50K/yr income rule is confusing, and I can't find if there is any exception if one spouse is a citizen... Happy you were able to find a solution, and thanks again.

pobauto
  4/3/2016 19:35 EST

I am also married to a dual citizen. I was told at the Irish Consulate in Boston that once we arrived in Ireland I could apply for permanent residency and I would be given priority. This was told to us in 2008. Hopefully it is still the case.

Meachair54
  4/3/2016 20:12 EST

Go to www.inis.gov.ie Irish Nationality and Citizenship Act 1956 , page 10 bottom of page, should answer your question , excuse the incomplete messages,I had a problem on my side. I hope this helps you, Good Luck!

pobauto
  4/4/2016 14:58 EST

That document was not obvious to me when I looked for it. It also seems as though these requirements were updated in 2011, and it's unclear to me whether or not there is a financial requirement for the spouse of an Irish citizen.

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Meachair54
  4/4/2016 18:15 EST

Spouses and Citizenship

Under Irish law, the spouse of an Irish citizen may obtain Irish citizenship by making a declaration of acceptance of Irish citizenship The declaration may be made not earlier than three years after the marriage to the Irish spouse. In cases where the Irish spouse obtained Irish citizenship after the marriage by birth or descent, a further three years of marriage from the date of the granting of citizenship must elapse before the application may be made.

As a result of the Irish Nationality and Citizenship Act, 2001, it is no longer possible, after 30 November 2005, to become an Irish citizen by lodging a post-nuptial declaration at an Irish Embassy or Consulate. Instead, it is necessary to apply to the Department of Justice, Equality and Law Reform in Ireland for a certificate of naturalisation based on marriage to an Irish citizen and subject to a number of conditions, including residency in Ireland.

Please note that residency part! For a spouse to become an Irish citizen it is now be necessary to reside in Ireland for three out of the last five years. One of those three years has to be the year just before the application is filed.

Here is the relevant paragraph of the The Irish Nationality and Citizenship Act as amended in 2005:

Meachair54
  4/4/2016 18:25 EST

Citizens Information Board
George's Quay House
43 Townsend Street
Dublin 2
D02 VK65
0761 07 9000
[email protected]

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