Approval secured for the priority drafting of the Irish Nationality and Citizenship (Amendment) Bill 2026
October 12, 2026
Approval secured for the priority drafting of the Irish Nationality and Citizenship (Amendment) Bill 2026October 12, 2026 On 9 September 2026, the Minister for Justice, Home Affairs and Migration, Jim O’Callaghan, and the Minister of State for Migration, Colm Brophy, announced that they had secured Government approval for the priority drafting of legislation to ensure Ireland’s naturalisation legislation is strengthened and aligned with other European countries. The Irish Nationality and Citizenship (Amendment) Bill 2026 (the “2026 Bill”) proposes significant changes to the current immigration framework, set out in the Irish Nationality and Citizenship Act 1956 (the “1956 Act”). The 2026 Bill contains a suite of amendments to reflect the Government’s policy that Irish citizenship through naturalisation is an earned privilege alongside social integration, civic participation and economic self-sufficiency. EU CounterpartsMany of the developments contained within the proposals of this scheme are reflective of other EU countries who impose similar residence periods, with countries like Italy, Spain, Switzerland, etc. being identified as comparators. Among EU Member States, economic self-sufficiency is a standard pillar of citizenship and many countries require applicants seeking naturalisation to demonstrate their means of subsistence, a stable income, among other things. In terms of a language requirement, this is also a similar approach adopted in many other European countries who require some form of language proficiency as part of the citizenship process. Similarly, civic participation is tested in many of our European counterparts as a means of covering an applicant’s knowledge of the State, its history and culture and also its society. General SchemeJust three short weeks on from Minister O’Callaghan’s announcement of the proposed changes, the Government published the General Scheme for the Government's proposed changes to the Nationality and Citizenship framework on 21 September 2026 (the “General Scheme”). The General Scheme aims to modify aspects of the Irish legislation relating to naturalisation and immigration, while also making it difficult for individuals to obtain citizenship as easily as it once was by introducing stricter residence requirements, language barriers and self-sufficiency criteria. Some key areas of change are:
It is important to note that the obligation to satisfy certain conditions, such as self-sufficiency and legally resident for example, must be maintained throughout the whole naturalisation process. Impacts for EmployersNaturally, these proposals may pose significant changes to employers, particularly those who rely on a predominantly non-EEA workforce. At the time of writing, both the Employment Permits and Residency Permission application processes are experiencing a substantial backlog. With the increased volume of permits that will be required to allow employees to meet the 8 year threshold, there is a risk that these delays will only increase unless the Government provides appropriate funding and resources into these services. The proposed extension of the reckonable residence period may also increase the financial and administrative commitments associated with employing non-EEA nationals. In circumstances where an employee is dependent on an employment permit, employers face additional permit renewal costs and internal resourcing requirements. Employers may also face increased financial burden in providing immigration support over a longer period of time are part of recruitment and retention arrangements. Employers will also likely face enhanced involvement in Employment Permits Online System (“EPOS”). EPOS requires separate portal accounts for employers and employees, and applications may require input/documentation from more than one party. A longer timeframe before an employee becomes eligible for naturalisation could perhaps lead to more frequent interaction with the portal and a higher administrative burden. Employers will likely have to keep a greater monitor on expiry dates and maintaining accurate employer records with responsibility falling across teams in recruitment, payroll and human resources. Employers that recruit significant numbers of non-EEA nationals may need to review employee planning and immigration budgets as there is likely to be an additional cost to hiring processes and additional compliance touchpoints. It can also be expected that employers will be obligated to maintain and keep records of employees’ right to work documentation for a longer period of time. At present, the current retention period is 5 years, which aligns with the old naturalisation rules. Impact on EmployeesNaturally, this proposal will be unwelcome news for any employees who are currently working in Ireland on the basis of immigration permissions/employment permits, as well as candidates who were anticipating moving to Ireland for work. Ireland might now be viewed as a less attractive prospect given the stringency of these amendments. It is also unclear if any grace period or transitional measures will be implemented for employees who have completed the majority of their reckonable residency prior to the new framework who would now be bound to wait a further number of years before applying for naturalisation. While the initial plan and draft legislation did not include any such accommodations, An Taoiseach Micheál Martin stated on 24 September, that the implementation of such measures is an issue that will fall for further discussion. It is also notable that General Scheme proposes that Ukrainians who are and have been resident in Ireland under the Temporary Protection Directive (the “Directive”) will not be allowed to count this residency towards any application for naturalisation. As it stands, residency under the Directive is not excluded from reckonable residency. This is likely due to the fact that the issue of naturalising a person by virtue of the Directive has not arisen to date. However, as the Temporary Protection measures in Ireland were activated in March 2022, some recipients of the protection may soon be approaching the 5 year residency threshold. As such, this issue could become more concrete in the near future. What’s Next?While the implementation of any changes remains is not imminent, the Government have made it clear that this reform is a priority, as evidenced by the speed at which the General Scheme has been drafted. Before taking effect, the Bill will need to be followed by full drafting, committee review and passage through Dáil Éireann and Seanad Éireann before being commenced. It is may also transpire that the final provisions of the Act may differ from those outlined in the General Scheme, especially if the proposals continue to gain media attention and public outcry. A special thanks to Sophie Cullen for her assistance in drafting this article. Latest Insights
Latest News
Latest Events
podcasts and webcasts October 12, 2026 Energy Transition Series - Energy Transition and Pricing Volatility legal updates October 08, 2026 The Commercial Payments Bill: Practical Implications for Commercial Contrac... guides and reports October 07, 2026 Technology, AI and the changing legal landscape of M&A guides and reports October 07, 2026 How AI is democratizing M&A for buyers and investors client news October 12, 2026 Eversheds Sutherland advises InfraCo on investment in one of Africa's first... firm news October 07, 2026 Faster deals, deeper diligence: AI is transforming the legal landscape of M... firm news October 05, 2026 Leading finance partner joins Eversheds Sutherland firm news October 01, 2026 Eversheds Sutherland Switzerland appoints Dr. Michael Faske as new Partner virtual Immigration UK – Right to work and compliance masterclass October 15, 2026 9.30am - 12.30pm (GMT) Virtual virtual German employment law training October 20, 2026 2pm - 5pm (GMT) Virtual virtual French employment law training November 03, 2026 2pm - 5pm (GMT) Virtual virtual Dutch employment law training November 10, 2026 2.00pm - 5.00pm (GMT) Virtual |