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6 Weeks Absence Rule

Forum to discuss all things Blarney | Ireland immigration

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IggyB
Newly Registered
Posts: 28
Joined: Wed Apr 25, 2018 1:45 pm
Ireland

Re: 6 Weeks Absence Rule

Post by IggyB » Sat Sep 22, 2018 12:13 pm

Six weeks outside Ireland – impact on
citizenship applications

In order to apply for Irish citizenship, an applicant
must have one year’s continuous residency in Ireland
immediately prior to the date of application and,
during the eight years before that, a total residence
period of four years.

A policy, introduced in 2016 by the Department of
Justice, in relation to time spent outside of Ireland
prior to an application for citizenship being made, has
come under scrutiny. The policy, which limits the time
permitted to be spent outside Ireland to 6 weeks in the
year preceding the application for citizenship, appears
to have led to applications being refused on this basis
alone.
As a result, there has been an increase recently in the
number of applicants being asked to provide detailed
information in relation to travel patterns. This has
proved difficult, particularly for those required to
travel frequently for business purposes. As these
requests are based on policy only, it remains to be seen
whether the Department of Justice will continue to
implement this “six week rule” in the long term.
In the meantime, individuals, planning to apply for
Irish citizenship, should ensure to keep accurate
records of any travel outside Ireland particularly
during the 12 months prior to submitting a citizenship
application.

Alixlboy
Member
Posts: 249
Joined: Sat Jan 28, 2017 12:12 pm
Ireland

Re: 6 Weeks Absence Rule

Post by Alixlboy » Sat Sep 22, 2018 8:05 pm

They only reviewed her case, because her news was published by the press. I think they got afraid of the press in her case.

Jamalk
Newly Registered
Posts: 18
Joined: Wed Feb 06, 2019 3:39 pm
Ukraine

Re: 6 Weeks Absence Rule

Post by Jamalk » Wed Feb 06, 2019 5:49 pm

This is the second piece oF VITAL INFORMATION that I got today when I went to see Solicitors with my brother in law. He is a hard-working field engineer who must travel to the UK every week for work. He has been refused because of the 6-week rule. The rule has no legal standing or grounding in law and xxxxxxxx told us that the rule is totally illegal and in breach of the Irish Constitution.

We also found out that xxxxxxxx has taken alot of cases to the High Court and EVERY case that they have taken has settled on a confidential basis which is why She could not tell us any details of the settlements because the terms are confidential. It is amazing news because we did not know this. It must be because the Citizenship Section do not want the case to go to a judge and told that the rule is illegal and in breach of the constitution. So if a case is refused every person should not take this news and should discover if they can challenge the decision by taking a judicial review case in the High Court. She told us that one of her clients was writing online complaining and the citizenship section picked it up and said that they would deal with his case. She told my brother in law that the citizenship section are now looking for the following information and she copied the sheet. I have copied it for all as follows:

If you were out of the country for work purposes for a period longer than 6 weeks, please forward a copy of your P60’s for each year of residence claimed along with a letter from your employer stating the dates you were abroad for work purposes to support your application.
Each case is examined on its own merits and submitted to the Minister for decision


I hope this helps some people who are refused wrongly.

Anira
Member
Posts: 134
Joined: Mon Apr 30, 2018 11:22 am
Canada

Re: 6 Weeks Absence Rule

Post by Anira » Wed Feb 06, 2019 6:52 pm

Jamalk wrote:
Wed Feb 06, 2019 5:49 pm
This is the second piece oF VITAL INFORMATION that I got today when I went to see Solicitors with my brother in law. He is a hard-working field engineer who must travel to the UK every week for work. He has been refused because of the 6-week rule. The rule has no legal standing or grounding in law and xxxxxxxxtold us that the rule is totally illegal and in breach of the Irish Constitution.

We also found out that xxxxxxx has taken alot of cases to the High Court and EVERY case that they have taken has settled on a confidential basis which is why She could not tell us any details of the settlements because the terms are confidential. It is amazing news because we did not know this. It must be because the Citizenship Section do not want the case to go to a judge and told that the rule is illegal and in breach of the constitution. So if a case is refused every person should not take this news and should discover if they can challenge the decision by taking a judicial review case in the High Court. She told us that one of her clients was writing online complaining and the citizenship section picked it up and said that they would deal with his case. She told my brother in law that the citizenship section are now looking for the following information and she copied the sheet. I have copied it for all as follows:

If you were out of the country for work purposes for a period longer than 6 weeks, please forward a copy of your P60’s for each year of residence claimed along with a letter from your employer stating the dates you were abroad for work purposes to support your application.
Each case is examined on its own merits and submitted to the Minister for decision


I hope this helps some people who are refused wrongly.
Hi, did he get second stage letter before being refused ? And how long did it take him to receive refusal letter after he applied?

Thanks for sharing this.

basicdiagrams
Newly Registered
Posts: 22
Joined: Mon Jul 30, 2018 8:12 am
Ireland

Re: 6 Weeks Absence Rule

Post by basicdiagrams » Wed Feb 06, 2019 9:07 pm

shpirtshqipe wrote:
Wed Jun 20, 2018 8:30 am
Irije wrote:
Wed Jun 20, 2018 8:08 am
Hi im from Spain and work here as a teacher. I'm away for the summer each year but I'm still hired pay my taxes and so even when im away.and i was wondering how do they check the eu passport for absences since we got no stamps. Is there a record of those somewhere?
If you fly to Spain then INIS has records/access to all passengers that fly in /out of Ireland. So there’s every possibility they may check your activity should they deem it necessary.
So, say you go to Belfast and fly from there. Surely they don't have the UK records as well?

littlerr
Member of Standing
Posts: 368
Joined: Wed Jul 25, 2018 12:14 pm
China

Re: 6 Weeks Absence Rule

Post by littlerr » Wed Feb 06, 2019 9:25 pm

basicdiagrams wrote:
Wed Feb 06, 2019 9:07 pm
shpirtshqipe wrote:
Wed Jun 20, 2018 8:30 am
Irije wrote:
Wed Jun 20, 2018 8:08 am
Hi im from Spain and work here as a teacher. I'm away for the summer each year but I'm still hired pay my taxes and so even when im away.and i was wondering how do they check the eu passport for absences since we got no stamps. Is there a record of those somewhere?
If you fly to Spain then INIS has records/access to all passengers that fly in /out of Ireland. So there’s every possibility they may check your activity should they deem it necessary.
So, say you go to Belfast and fly from there. Surely they don't have the UK records as well?
Surely they do. Ireland and the UK share the common travel area, so all immigration data is shared so that the two countries have only external border.

Of course that may all change when Brexit comes.

Keggers
Newly Registered
Posts: 1
Joined: Tue Feb 12, 2019 11:24 am
Australia

Re: 6 Weeks Absence Rule

Post by Keggers » Wed Feb 13, 2019 2:24 pm

Does this 6 week rule apply when you are applying for citizenship on the basis of being married to an Irish citizen and having lived here for more than 3 years, or does it apply only to cases in which you are applying on the basis of 5 years' residence?

I've been living here for 15 years with my Irish wife, but I travel regularly for work, so not sure how I can ever apply for citizenship if I can't be out of the country for more than 42 days in the prior year.

littlerr
Member of Standing
Posts: 368
Joined: Wed Jul 25, 2018 12:14 pm
China

Re: 6 Weeks Absence Rule

Post by littlerr » Wed Feb 13, 2019 3:41 pm

It applies to all cases

Jamalk
Newly Registered
Posts: 18
Joined: Wed Feb 06, 2019 3:39 pm
Ukraine

Re: 6 Weeks Absence Rule

Post by Jamalk » Fri Feb 15, 2019 9:10 am

Keggers wrote:
Wed Feb 13, 2019 2:24 pm
Does this 6 week rule apply when you are applying for citizenship on the basis of being married to an Irish citizen and having lived here for more than 3 years, or does it apply only to cases in which you are applying on the basis of 5 years' residence?

I've been living here for 15 years with my Irish wife, but I travel regularly for work, so not sure how I can ever apply for citizenship if I can't be out of the country for more than 42 days in the prior year.
Yes it still applies regardless of marriage to Irish person

Alixlboy
Member
Posts: 249
Joined: Sat Jan 28, 2017 12:12 pm
Ireland

Re: 6 Weeks Absence Rule

Post by Alixlboy » Mon Feb 18, 2019 7:31 am

Jamalk wrote:
Wed Feb 06, 2019 5:49 pm
This is the second piece oF VITAL INFORMATION that I got today when I went to see Solicitors with my brother in law. He is a hard-working field engineer who must travel to the UK every week for work. He has been refused because of the 6-week rule. The rule has no legal standing or grounding in law and xxxxxxxx told us that the rule is totally illegal and in breach of the Irish Constitution.

We also found out that xxxxxxxx has taken alot of cases to the High Court and EVERY case that they have taken has settled on a confidential basis which is why She could not tell us any details of the settlements because the terms are confidential. It is amazing news because we did not know this. It must be because the Citizenship Section do not want the case to go to a judge and told that the rule is illegal and in breach of the constitution. So if a case is refused every person should not take this news and should discover if they can challenge the decision by taking a judicial review case in the High Court. She told us that one of her clients was writing online complaining and the citizenship section picked it up and said that they would deal with his case. She told my brother in law that the citizenship section are now looking for the following information and she copied the sheet. I have copied it for all as follows:

If you were out of the country for work purposes for a period longer than 6 weeks, please forward a copy of your P60’s for each year of residence claimed along with a letter from your employer stating the dates you were abroad for work purposes to support your application.
Each case is examined on its own merits and submitted to the Minister for decision


I hope this helps some people who are refused wrongly.
Might is Right.
Thanks for the info.

PettteM
Newly Registered
Posts: 3
Joined: Mon Feb 18, 2019 7:54 am
Slovenia

Re: 6 Weeks Absence Rule

Post by PettteM » Mon Feb 18, 2019 8:03 am

Just a piece of advice since i was also worried about this, if you're applying as an EU citizen you'll be fine in all like hood even if you were away from Ireland for more than 6 weeks in the last 365 days. They have no way of checking that since your passport doesn't get stamped, just keep in mind that you shouldn't even mention that you were absent in the application form (5.6 IIRC) just don't bring it up at all, that's what I did and even though I was away for 2 months my application was processed just fine (as long as you're legally resident in Ireland for that period, ie provide rent agreements/mortgage/bank statements etc.)

I don't think there's a way around it for non-EU people as their passport gets stamped but EU citizens applying shouldn't have an issue if they don't bring it up themselves.

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