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Irish citizenship chat 1956 to 1986

Irish citizenship chat 1956 to 1986

Old Dec 18th 2023, 3:16 pm
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Default Irish citizenship chat 1956 to 1986

Hi all

Not sure if I can post here, I don't see a category for Ireland. Delete if necessary.

Doing research into Irish citizenship between 17 July 1956 and 30 June 1986. I have a few questions.

Q1) the 1956 act saw to eliminate gender discrimination through females, this to me seems the opposite in legislation:

Section 6(1) Every person born in Ireland is an Irish citizen from birth.

(2) Every person is an Irish citizen if his father or mother was an Irish citizen at the time of that person's birth or becomes an Irish citizen under subsection (1) or would be an Irish citizen under that subsection if alive at the passing of this Act.

As qualified by
Section 7(2) Neither subsection (2) nor (4) of section 6 shall confer Irish citizenship on a person born outside Ireland if the father or mother through whom he derives citizenship was also born outside Ireland, unless— (a) that person's birth is registered under section 27, or (b) his father or mother, as the case may be, was at the time of his birth resident abroad in the public service.

Now if I was for example a female first generation Irish born abroad, I would read this as if I do not qualify: Section 6(2) and also on the future generations. Any thoughts?

I will post further questions as we go.

Many thanks
G

Last edited by GarryUK; Dec 18th 2023 at 4:10 pm.
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Old Dec 18th 2023, 4:31 pm
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Default Re: Irish citizenship chat 1956 to 1986

Both 6(1) and 6(2) say "Every person ..." so not withstanding the reference to "his parents", and assuming that the Irish government hasn't explicitly stripped Irish women of their person-hood, I absolutely would bet my life on the legislation being gender-disinterested.

IME, though admitedly I don't know a lot about legislation and legal documents in Ireland, it is common in British and American documents for gender-specific pronouns to say explicitly, somewhere in the preamble, or a footnote, that "throughout this document, 'he' and 'his' include 'her' and 'hers' ".

Last edited by Pulaski; Dec 18th 2023 at 4:37 pm.
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Old Dec 19th 2023, 11:04 am
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Default Re: Irish citizenship chat 1956 to 1986

Originally Posted by Pulaski
Both 6(1) and 6(2) say "Every person ..." so not withstanding the reference to "his parents", and assuming that the Irish government hasn't explicitly stripped Irish women of their person-hood, I absolutely would bet my life on the legislation being gender-disinterested.

IME, though admitedly I don't know a lot about legislation and legal documents in Ireland, it is common in British and American documents for gender-specific pronouns to say explicitly, somewhere in the preamble, or a footnote, that "throughout this document, 'he' and 'his' include 'her' and 'hers' ".
Many thanks, yeah I have the same opinion as you, but I cannot find any text related to this. Not even for the British Nationality Act 1981. It must be somewhere
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Old Dec 19th 2023, 11:46 am
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Default Re: Irish citizenship chat 1956 to 1986

My next question...

Example of ancestry:
Person A is born in Ireland 1865
Person B is born abroad 1902
Person C is born abroad 1926
Person D is born abroad 1946

Section 6.—(1) Every person born in Ireland is an Irish citizen from birth.* Person A qualifies
(2) Every person is an Irish citizen if his father or mother was an Irish citizen at the time of that person's birth or becomes an Irish citizen under subsection (1) or would be an Irish citizen under that subsection if alive at the passing of this Act.* Person B qualifies: parent becomes an Irish citizen under subsection (1)
(3) In the case of a person born before the passing of this Act, subsection (2) applies from the date of its passing. In every other case, it applies from birth.* Person B qualifies: subsection (2) applies from the date of its passing = 17 July 1956 an Irish citizen
(4) A person born before the passing of this Act whose father or mother is an Irish citizen under subsection (2), or would be if alive at its passing, shall be an Irish citizen from the date of its passing.
* Person B is a citizen from 17 July 1956, this now excludes Person C and D for registration as they are born before 17 July 1956. Any thoughts? Keeping in mind citizenship can only be transferred FROM birth

Last edited by GarryUK; Dec 19th 2023 at 11:51 am.
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Old Dec 20th 2023, 7:33 pm
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Default Re: Irish citizenship chat 1956 to 1986

GarryUK, are you trying to get an Irish passport?
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