Ireland - Passport & Nationality - Irish Citizenship by Birth

A person born on the island of Ireland on or after 1 January 2005:

• is automatically an Irish citizen if he or she is not entitled to the citizenship of any other country; OR
• is entitled to be an Irish citizen if at least one of his or her parents is:

an Irish citizen (or someone entitled to be an Irish citizen); or

a British citizen; or

a resident of the island of Ireland who is entitled to reside in either the Republic or in Northern Ireland without any time limit on that residence; or

a legal resident of the island of Ireland for three out of the 4 years preceding the child's birth (although time spent as a student or as an asylum seeker does not count for this purpose).

A person who is entitled to become an Irish citizen becomes an Irish citizen if:

• he or she does any act that only Irish citizens are entitled to do; or
• any act that only Irish citizens are entitled to do is done on his or her behalf by a person entitled to do so.

Dual citizenship is permitted under Irish nationality law.

Birth before 2005

Ireland previously had a much less diluted application of "jus soli" (the right to citizenship of the country of birth) which still applies to anyone born on or before 31 December 2004. Although passed in 2001, the applicable law was deemed enacted on 2 December 1999 and provided that anyone born on the island of Ireland is:

• entitled to be an Irish citizen and
• automatically an Irish citizen if he or she was not entitled to the citizenship of any other country.

Historical provisions

The previous legislation was largely replaced by the 1999 changes, which were retroactive in effect. Before 2 December 1999, the distinction between Irish citizenship and entitlement to Irish citizenship rested on the place of birth. Under this regime, any person born on the island of Ireland was:

• automatically an Irish citizen if born:
• on the island of Ireland before 6 December 1922,
• in the territory which currently comprises the Republic of Ireland, or
• in Northern Ireland on or after 6 December 1922 with a parent who was an Irish citizen at the time of birth;
• entitled to be an Irish citizen if born in Northern Ireland and not automatically an Irish citizen.

The provisions of the 1956 Act were, in terms of citizenship by birth, retroactive and replaced the provisions of the previous legislation, the Irish Nationality and Citizenship Act 1935. Under that legislation, those born in Northern Ireland on or after 6 December 1922 did not have an entitlement to Irish citizenship by birth.