This campaign has won the support, or at least the attention, of the premiers of both countries. However, the attempt to change the legal status of citizenship through the courts was rejected by the Supreme Court. Therefore, many of these people and some of the descendants of the Irish diaspora of an Irish person who left Ireland before 1922 (and who also did not reside in 1935) can be registered for Irish citizenship, while being entitled to British citizenship,[57] by one of the following countries do not allow dual citizenship and you should check the citizenship rules of your home country, if you are considering applying for British citizenship. [57] Irish citizenship. The 1922 constitution provided for citizenship only for those who lived on December 6, 1922. No precautions have been taken for people born after this date. As such, it was a temporary provision requiring the enactment of a full citizenship act governed by the Irish Nationality and Citizenship Act 1935. Among other things, this Act provided as follows: the Belfast Agreement, more commonly known as the Good Friday Agreement, contains a commitment by the British and Irish Governments to allow the people of Northern Ireland to identify and be accepted as Irish, British or both, and a right to have both British and Irish citizenship. This part of the agreement is often referred to as “birthright protection”.

If you have been an Irish citizen since birth, you can regain your Irish citizenship by submitting a declaration of citizenship (pdf). The Act also restricted the unlimited citizenship by descent granted by the 1956 Act by dating citizenship to the third, fourth and next generation of Foreign-born Irish emigrants from registration rather than birth. This limited the rights of the fourth and subsequent generations to citizenship to those whose parents had been registered before they were born. The law provided for a transitional period of six months during which the old rules would continue to apply. The Irish Nationality and Citizenship Act 1994 was enacted to deal with those who applied for registration within the six-month period but could not be registered in a timely manner. In addition, the 1935 Act was an attempt to assert the sovereignty of the free state and the specificity of Irish citizenship, and to end the ambiguity about the relationship between Irish citizenship and British subject status. Nevertheless, London continued to recognise Irish citizens as British citizens until the passage of the Ireland Act 1949, which recognised “citizens of the Republic of Ireland” as a separate category of persons. [6] [11] Possession of dual passports is now more important than ever, giving eligible applicants the opportunity to travel, work and study in the UK, Ireland and several EU countries.

The previous legislation was largely replaced by the retroactive amendments of 1999. Prior to 2 December 1999, a distinction was made between Irish nationality and the right to Irish citizenship from the place of birth. Under this rule, any person born on the island of Ireland was subject to the rule: the granting of citizenship by descent had the effect, taking into account the above interpretation, that persons born in Northern Ireland after 6 December 1922 were granted citizenship as long as their father resided somewhere in Ireland at that time. However, this automatic right was limited to the first generation, with the citizenship of subsequent generations requiring the registration and renunciation of all other citizenships at the age of 21. The combination of the principles of birth and ancestry in the law respected the territorial boundary of the state, with residents of Northern Ireland being treated “in the same way as people of Irish birth or descent living in Great Britain or a foreign country”. [9] According to Brian Ó Caoindealbháin, the 1935 law was therefore compatible with the existing borders of the state by respecting and strengthening them. [10] Ireland allows dual citizenship, which means you can become an Irish citizen and remain a citizen of another country. Northern Ireland is part of the United Kingdom and the British Nationality Act 1981 generally assumes that a person born in the United Kingdom is a British citizen by birth if one of his or her parents was a British citizen or settled in the United Kingdom at the time of birth. [2] The definition of an “EEA citizen” for establishment status would therefore exclude any British/European citizen, including a dual British/Irish citizen of Northern Ireland. When it was replaced by the Constitution of Ireland, any person who had obtained citizenship of the Irish Free State under the provisions of the previous Constitution became a citizen of Ireland.

Article 9 of the Irish Constitution states that future acquisition and loss or Irish citizenship would be in accordance with the law. The multi-party agreement is an agreement between the British Government, the Irish Government and most of the political parties in Northern Ireland. It established the support of the signatory parties to the British-Irish Agreement and provided the framework for various political institutions. It is divided into three parts: the Home Office has stated that this procedure is not available for people with British citizenship because Ms DeSouza is both a British citizen and an Irish citizen. This will hardly come as a surprise to lawyers familiar with Case C-434/09 McCarthy, where the facts were similar. .