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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:

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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, 2020 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, 2020 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). Jul 15, 2020 at 15:31
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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. Jul 15, 2020 at 17:28
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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, 2020 at 15:34

2 Answers 2

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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.

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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, 2020 at 9:50
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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,

...

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  • The source of this text should be added to the answer. Jan 30, 2022 at 11:52
  • The source of the text is citizensinformation.ie/en/moving_country/irish_citizenship/… ,,, it's here aswell- irishstatutebook.ie/eli/1956/act/26/enacted/en/print#sec19. It's in the section 19 1 c
    – Anna
    Jan 30, 2022 at 11:55
  • It's frustrating for me that this fact isn't well known. Or is it just me?
    – Anna
    Jan 30, 2022 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, 2022 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. Jan 30, 2022 at 14:23

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