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One of my initial questions on this site:)

I have been searching about Irish naturalization requirements on the internet since quite some time and I see all the usual requirements: 5 years residence, Good character, Attend a citizenship ceremony and make the declaration of fidelity etc.., where one additional requirement was Intention to reside in Ireland after citizenship is granted.

Now, this is not something totally new. However, there are some things that I have encountered that make me think whether this requirement is really very very formal? See this page. It provides a form that is used to declare the intention to retain Irish citizenship if an Irish naturalized citizen resides abroad after naturalization for continuous 7 years. In other words, if after naturalization, you live abroad for a continuous 7 years, Ireland has the right to revoke citizenship unless you declare the intention to retain citizenship each year.

This page mentions the following:

Residing Outside of Ireland After the Grant of Citizenship

When a person submits their application for Irish citizenship, they are asked if they intend to have their usual place of residence in Ireland following naturalisation and the answer to this is always yes. There are occasions where people’s circumstances change which results in them leaving Ireland, for example due to offers of employment or family circumstances.

Under the Irish Nationality and Citizenship Act 1956 as amended, the Minister for Justice has the power to revoke a certificate of naturalisation where an individual has been ordinarily resident outside of the State for seven years unless they have registered their intention to retain their Irish citizenship. This is done by submitting a Form 5 (Form CTZ2) Declaration of Intention to retain Irish citizenship by a naturalised Irish citizen residing outside of Ireland. The form which is available at the following link http://www.inis.gov.ie/en/INIS/form-CTZ2.pdf/Files/form-CTZ2.pdf, must be lodged with the INIS, or with the nearest Irish Embassy or Consular Office to a person’s location.

We strongly advise all naturalised Irish citizens to file the Form 5 if ordinary resident outside of Ireland to ensure that they retain their Irish citizenship.

After having researched all this, I am a bit confused about the legal status of the intention to reside requirement. If I naturalize to become a citizen, but then my family circumstances make me relocate back to my home country within 6-12 months after naturalization, and declare my intention to retain Irish citizenship since then, will I be impacted by any legal process like revocation of citizenship? I am asking this because intention to reside is a requirement for citizenship BUT there is also this form of declaration of intention to RETAIN citizenship if I live 7 years abroad continuously.

What do you think? If my circumstances (not necessarily strong circumstances; for example domestic circumstances) make me leave Ireland after naturalization for a long time (9-10 years) but fill that form of intention to retain citizenship, will my citizenship be revoked or preserved?

I have searched the whole internet but couldn't find anything. Can anyone help and give a 100% sure answer?

Note:
The given link to the pdf is no longer valid.
The present link:

ouflak
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Jay Shah
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  • The quoted material seems perfectly clear to me. I don't understand what anyone here could add to it. Do you find it unclear? – phoog Jul 15 '20 at 13:44
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    Hi @phoog, thanks for your reply:)

    That quoted section is from the website sinnott.ie is not Irish Government's website. So it is not official info, so I am not sure whether it is 100% true or not.

    May I please know what is it that you find perfectly clear? I honestly am confused.

    Thanks again.

     – Jay Shah Jul 15 '20 at 15:23
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    I assume your real question is: Is signing the declaration of intention to RETAIN citizenship a guarantie that the citizenship will not be revoked? If so, such a situation probably rarely occurs so that the likelihood of someone here knowing the answer is almost zero. This is something that you should clarify with the responsible Irish offlicals directly (preferably before you leave Ireland). – Mark Johnson Jul 15 '20 at 15:31
  • Hi Mark, Emm, no that's not what I am asking. My question is: If I naturalize, and assume that my domestic circumstances (not necessarily very strong) force me to relocate back to my home country within 6 months since my naturalization, and since then I start "residing" in my home country with Irish citizenship, will the Minister of Justice and Equality decide to revoke my citizenship by claiming that "this man misrepresented his intention to reside in Ireland if citizenship is granted"? If the Minister CAN think like this and revoke citizenship, then what is this "retain citizenship' thing? – Jay Shah Jul 15 '20 at 15:40
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    It is a written statement from you that despite the fact that you no longer live in Ireland you which to retain your Irish citizenship. If you do not make such a statement they will assume you no longer want to retain it and therefore revoke it. – Mark Johnson Jul 15 '20 at 17:28
  • @MarkJohnson Thank you for answering. I understand that it is such a written declaration of intention to retain citizenship so that they do not assume otherwise. But my question, put in simplistic terms (I may have complicated it, sorry), is how is it that a person who naturalized, is now living abroad at all? He told the immigration authorities his "intention to reside if citizenship is granted". And now he is living abroad? Had the immigration authorities known this, they would have rejected his naturalization application on the basis that he does not meet the intent to reside requirement. – Jay Shah Jul 16 '20 at 07:35
  • If a person naturalizes to become a UK citizen (which includes declaring their "intention to reside in the UK if citizenship is granted" without which the immigration authorities would straightaway reject the application), he HAS to live in the UK for big time like 10 years. If he leaves the UK within 2-3 years of naturalization, the government has clearly said that they have the right to revoke citizenship "on the basis of misrepresentation of intention to reside requirement". Can Ireland revoke citizenship because I abandon Ireland as soon as I naturalize (but I keep filling that form)? – Jay Shah Jul 16 '20 at 07:46
  • Your question belongs to law.stackexchange.com, since your are asking about the reasons and implementation of the Irish Nationality and Citizenship Act 1956. Most countries require residence before hand. Some require it afterwards. The US used to require this, but I have the impression that is no longer the case. Germany does not. Ireland does, but can nevertheless do so after filling out this form for periods longer than 7 years. This is a question that can only be answered by someone familiar with Irish law. – Mark Johnson Jul 16 '20 at 08:38
  • @MarkJohnson Thank you so much for your advice. I will ask this question on the law site. I think I should delete this question as it does not belong here as you say. Thank you for your time and help! – Jay Shah Jul 16 '20 at 08:44
  • I think it’s interesting that you keep saying you might return to your “home country” after naturalization. The idea of becoming a citizen is that Ireland would also become your “home country”. A passport is more than just a convenient travel document. – Eric Jul 16 '20 at 12:16
  • @MarkJohnson "I have the impression that is no longer the case": that is correct. The requirement was imposed by the executive branch with no statutory basis, and the courts therefore found it to be invalid. – phoog Jul 16 '20 at 13:26
  • @Eric on the other hand, circumstances change. One may intend to reside in Ireland indefinitely and then a family member might fall ill and one might decide after naturalizing to move back to one's country of origin for an indefinite period to help care for that family member. One might unexpectedly find a compelling professional opportunity abroad. The point is that naturalizing in one country should not prevent one from moving to another country: Natural-born citizens can do this, so preventing naturalized citizens from doing it creates a separate class of citizenship with fewer rights. – phoog Jul 16 '20 at 13:33
  • @phoog I agree, but the use of the phrase "home" country implies a certain way of thinking. I'm just pointing out that naturalization goes farther than just easing travel. – Eric Jul 16 '20 at 13:39
  • @phoog That is absolutely right. I appreciate the extent to which you can stretch your understanding for others. – Jay Shah Jul 16 '20 at 14:01
  • @Eric No worries, your point is right as well, passports aren't convenient travel documents! – Jay Shah Jul 16 '20 at 14:02
  • @phoog Would that be The Immigration Act of 1990 (IMMACT 90), where the judicial naturalization ended? – Mark Johnson Jul 16 '20 at 14:03
  • @MarkJohnson no, I think this was in the 1930s or so. There was never any statutory basis for that route to naturalization, so you won't find the change reflected in any act of congress. – phoog Jul 17 '20 at 01:37
  • @MarkJohnson I seem to be confusing this with something else. There was a case in the 1960s that did indeed invalidate a statutory provision of this nature: Schneider v. Rusk. – phoog Jul 17 '20 at 01:45
  • @JayShah can I ask you for the source of having to live in the UK for 10 years after naturalisation? I heard of some people having problems when they naturalised, left and requested their first British passport from abroad (which can be seen extremely suspicious). But I never heard anything else or specific amount of years that you need to live in the UK for. Mind you, I think they can only strip your UK citizenship if you're a dual citizen at a time as they're not allowed to make people stateless unless extreme circumstances? – kiradotee Jul 29 '20 at 14:54
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    @kiradotee I claimed that solely by my own estimation. I think 10 years might be exaggerated, but let's say 4-5 years, or 2-3 years at the very least? Might I please know that case you are talking about (those people who had to leave UK after naturalization and request a Passport from abroad)? Thank you and kind regards! – Jay Shah Jul 30 '20 at 15:34
  • @JayShah sure, it's a fun read: https://www.immigrationboards.com/british-citizenship/hmpo-questions-naturalisation-status-withdraws-passport-t242302.html Also, this is somewhat similar as well https://www.immigrationboards.com/british-citizenship/naturalization-refused-due-to-no-fault-of-my-own-t256952.html ESSENTIALLY, the moral of the story, get your passports first before leaving the country. Once passport is in hand, no one cares. – kiradotee Jul 31 '20 at 01:52
  • @kiradotee Those cases were indeed very interesting:) It is my belief that even if you have your passport in hand, they could still revoke citizenship (if of course, you leave the UK for a long time), on the basis that the applicant lied or misrepresented their future intentions prior to naturalisation, unless their are very compassionate reasons. Do you agree? – Jay Shah Jul 31 '20 at 08:09
  • @JayShah I genuinely think those who were not planning to leave the UK before and during the naturalisation should be absolutely fine. As soon as you get your first passport, you can change your mind of living here permanently and move anywhere. That's your right as much as it is the right of any other British citizen. Of course, if you were buying plane tickets and searching for jobs overseas whilst still waiting for the decision on your application, that's a different story. – kiradotee Jul 31 '20 at 14:20
  • @kiradotee I agree with you. – Jay Shah Jul 31 '20 at 14:30
  • @jay Shah. Any update about sending form 5 every year? Are you doing this and what's the requirements? – Anna Jan 28 '22 at 17:16

2 Answers2

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No one can give you 100% sure answer.

Revokation of Irish citizenship is an extremely rare proceduce. It was done five times to this date. All cases were based on Section 19 (1)(a) "certificate was procured by fraud" of Irish Nationality and Citizenship Act 1956.

https://www.independent.ie/irish-news/shane-phelan-there-have-only-ever-been-five-revocations-of-irish-citizenship-its-a-rare-occurrence-37727311.html

Right now Supreme Court is hearing one more precedent, with revokation by Section 19 (1)(b) "person to whom it was granted has shown himself to have failed in his duty of fidelity to the nation and loyalty to the State" of the act.

40 more cases of this paragraf is waiting.

https://www.irishtimes.com/news/crime-and-law/courts/high-court/supreme-court-to-decide-legality-of-process-to-revoke-irish-citizenship-1.4280953

No cases of Section 19 (1)(c) at this time.

Tania Chistyakova
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    Thank you for your answer Andrey! I understand that currently since there have been no such revocations, it is difficult to say for sure. – Jay Shah Jul 16 '20 at 09:50
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It says here:

Becoming an Irish citizen through naturalisation
Revoking citizenship
The Minister for Justice has the power to revoke (take back) your certificate of naturalisation if:
...

  • You were ordinarily resident outside Ireland (other than in public service) for a continuous period of 7 years and, without a reasonable excuse, did not register your name and a declaration of your intention to retain Irish citizenship with an Irish diplomatic mission or consular office or with the Minister for Justice every year (by completing Form 5 [PDF])

...

Irish Nationality and Citizenship Act, 1956

Revocation of certificates of naturalisation.
19.—(1) The Minister may revoke a certificate of naturalisation if he is satisfied—
...

  • (c) that (except in the case of a certificate of naturalisation which is issued to a person of Irish descent or associations) the person to whom it is granted has been ordinarily resident outside Ireland (otherwise than in the public service) for a continuous period of seven years and without reasonable excuse has not during that period registered annually in the prescribed manner his name and a declaration of his intention to retain Irish citizenship with an Irish diplomatic mission or consular office or with the Minister,

...

Mark Johnson
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Anna
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  • The source of this text should be added to the answer. – Mark Johnson Jan 30 '22 at 11:52
  • The source of the text is https://www.citizensinformation.ie/en/moving_country/irish_citizenship/becoming_an_irish_citizen_through_naturalisation.html ,,, it's here aswell- https://www.irishstatutebook.ie/eli/1956/act/26/enacted/en/print#sec19. It's in the section 19 1 c – Anna Jan 30 '22 at 11:55
  • It's frustrating for me that this fact isn't well known. Or is it just me? – Anna Jan 30 '22 at 11:59
  • @Mark Johnson so basically as long as I'm out of Ireland do I have to register annually starting from year 1 or year 8? Sorry, English isn't my first language. – Anna Jan 30 '22 at 13:55
  • This is how I would read it: during that [7 year] period means every year if it is forseeable that you will have your residence outside of Ireland 7 years or longer. A simple visit in between would not interupt that period. – Mark Johnson Jan 30 '22 at 14:23
  • Thank you so much. I have one more question. If I live out of Ireland for more than 7 years but I register annually to retain my citizenship then my citizenship will not be revoked ? – Anna Jan 30 '22 at 19:49
  • (c) will not apply if you have during that period registered annually in the prescribed manner his name and a declaration of his intention to retain Irish citizenship with an Irish diplomatic mission or consular office or with the Minister – Mark Johnson Jan 30 '22 at 20:33
  • That's great, thank you – Anna Jan 30 '22 at 21:03