Ask a solicitor: I'm a Polish farm worker - can I get Irish citizenship?

My wife is Irish, and we have three children together, so I see Ireland as my home now. I don’t like having a different passport from my wife and children, and as I have no intention of moving back to Poland, I would like an Irish passport for myself too.

I’m working as a farm labourer and have been doing this job for over five years now. My boss is happy to give me a reference to say that I have been working with him and have been a good worker during this time.

Dear Reader,

The good news is that it is possible for you to apply for Irish citizenship or naturalisation. There are two methods by which you could do this. The first is based on your marriage to your wife, who is an Irish citizen.

You haven’t mentioned how long you have been married for, but for the purpose of such an application, you will need to have been married for at least three years and have resided in Ireland for at least three years out of the preceding five years. You would need to provide documentary evidence of your residence in Ireland and documentary evidence of your wife’s residence for the three months preceding the application. You would also need an affidavit from your wife, as well as evidence of your marriage.

The other route by which you can apply for citizenship would be based on you having lived in Ireland for five years, which would need to be the full year before your application as well as four years in the preceding eight years. This is probably an easier route to apply under as no affidavits, etc, are required from your wife. To apply under the residency rules, you will need to provide the following:

• Proof of your identity, e.g. a certified copy of your current passport.
• Employment detail summary, P60, Department of Social Contribution annual contribution or bank statements (for three consecutive months showing at least 3 transactions in Ireland) for each of the years that you are relying on that you have lived in Ireland.
• Either a credit card statement, rent agreement, annual mortgage statement, phone bill, or utility bill for each year of residence you are relying on.

 A point-based system is in place, and if you don’t meet the required points, then you can still apply but will have to sign an affidavit explaining why you have not met the required points. In these cases, applications are dealt with on a case-by-case basis, and applying in this manner should be used as a last resort.

You will also need to be of good character. The guards will be asked for a report on your background, and as such, it is important that you disclose any criminal record, including offences for driving and any warnings or cautions that you have received.

You will also need to intend to live in Ireland in the future and provide the details of referees who can vouch for you. This could be your current employer, but it can be anyone.

Currently, applications are taking 19 months to be processed. There is a fee of €175 when the application is submitted, and then if your application is successful, a fee of up to €950 is charged. You will be invited to attend a citizenship ceremony and will be given a naturalization certificate, which you can use to apply for an Irish passport.

Angela O'Connor LLB specialises in Family Law, Enduring Power of Attorney and Applications in respect of Mental Capacity and Assisted Decision Making and is a solicitor practising in Walsh & Partners Solicitors LLP, 88 Main Street, Midleton, Co Cork.

Email: info@walshandpartners.ie 

Web: www.walshandpartners.ie

• While every effort is taken to ensure the accuracy of the information contained in this article, solicitor Angela O’Connor does not accept responsibility for errors or omissions, howsoever arising. Readers should seek legal advice in relation to their particular circumstances at the earliest opportunity.