Department denies non-national parents got amnesty

The Department of Justice has confirmed 11,200 non-national parents of Irish-born children have been successful in their applications to stay in the State.

However, a Department spokesman insisted this did not mean that an amnesty had been declared for immigrants who were left in limbo following the Citizenship Referendum last year.

"All applications are being dealt with on a case-by-case basis," he said. "This does not amount to an amnesty."

The Citizenship Referendum was passed by a four-to-one majority in June last year. The resulting change to the Constitution means children born in Ireland to non-Irish parents no longer have the automatic right to Irish citizenship unless at least one parent has lived here for three of the previous four years.

The referendum followed a Supreme Court ruling in 2003 that non-national parents of Irish children had no automatic right to remain in Ireland. The new legislation was enacted on January 1st.

A system of appeal for the tens of thousands of people affected was established this year. Around 18,000 applications were received before the deadline in March. Just over 11,200 of these have been processed, with only 165 people being refused permission to stay.

It is understood those refused were found to have criminal convictions or to have not been resident in Ireland for the requisite amount of time.

The spokesman said it was hoped the remaining 7,000 applications would be process within the next few months.

According to the legislation, the Minister for Justice can a certificate of naturalisation on non-nationals at his "absolute discretion" if they fulfil a number of conditions.

They must be either an adult or a child who was born in Ireland; be "of good character"; have lived in Ireland continuously for a year before applying for citizenship and for four of the previous eight years; intend to remain in Ireland once citizenship is granted and have made a declaration of "fidelity to the nation and loyalty to the State" either in court or in another manner satisfactory to the Minister.

Other conditions apply to the non-national spouses of Irish citizens.