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6 Weeks Absence Rule

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Alixlboy
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Posts: 249
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Ireland

6 Weeks Absence Rule

Post by Alixlboy » Sat Jan 27, 2018 2:19 pm

FYI (For Your Information) to those who have been or are likely to be affected by the Evil 6 weeks absence rule:

Dear Folks,

I just found the below on Irish Times and thought it might be beneficial for those of you who are thinking of applying for naturalization soon, but are confused due to the crazy 6 weeks rule. I personally believe that this rule is extremely strict and must be abolished and declared null and void, as anyone can have an emergency and stay out of the country for a longer period. This was exactly the case, in the past. See below.

Quote: A new policy which is disqualifying people from Irish citizenship even if they have been resident in Ireland for much of their lives is unlawful and possibly unconstitutional, lawyers have said.

The “six-week rule” – the maximum amount of time a person may spend outside the country in the year prior to a citizenship application – has been increasingly identified as the reason for refusal of citizenship applications in recent months, legal sources say.

It was introduced by the Department of Justice about two months after the UK voted to leave the European Union in June 2016.

A High Court challenge to the policy is believed to be likely.

While the exact number of those who have been refused citizenship as a result of the policy is unclear, specialist immigration lawyers say they have noticed an increase in such decisions in the last three to six months, following a deliberative process on applications that can take up to a year. More refusals based on the six-week rule are anticipated.

“I think it is utterly unconstitutional,” said Carol Sinnott, principal at Sinnott Solicitors in Dublin, one of the firms with experience of the issue.

“There is absolutely no legislative basis for the Department to do this. It’s just something they have decided to do. I think it’s unconstitutional and it affects your right to earn a livelihood.”

Ms Sinnott said her firm has noticed an increase in rejections in recent months and said it has been a particular problem for those whose jobs require them to travel.

Letter
In the past, she says, such cases could be addressed with an accompanying letter from an employer.

Berkeley Solicitors, another specialist in immigration law in Dublin, on its website said: “We submit that this policy is unlawful and has no basis in the legislation governing naturalisation and citizenship.”

It added: “We would submit that the refusal of an application for naturalisation due to a period of absence of over six weeks a year as part of a holiday during reckonable [qualifying] residence is unlawful . . . an exercise of authority that the Minister of Justice and Equality does not have.”

The only time that can be subtracted from calculating residency periods, the firm argues, citing legislation, is that spent on a student visa or while seeking asylum. It also believes those applying for naturalisation should have been made aware of this seemingly new policy.

“We have been working for years and years on these naturalisation cases,” solicitor Karen Berkeley told The Irish Times. “These decisions have only popped up in the last few months; I would say a maximum of six months ago.”

There are also concerns that the policy may have implications for the tech sector in particular, where many foreign nationals are employed and travel regularly for work. A person with knowledge of the tech sector who didn’t wish to be named said: “This also happens for many people working for Google, Facebook and other tech companies (mostly non-EU people).”

Ms Sinnott said there are all sorts of reasons why someone would have to leave the country for six weeks. “So one would have to ask if that six-weeks \[policy\] is a bit draconian,” she said.

Legal challenge
The rule’s potential unconstitutionality can only be established by a declaration from the High Court which would require a legal challenge.

Ms Sinnott believes the rule could infringe on freedom of movement rights for EU citizens, should they be required to remain in Ireland while in the midst of the application process.

The Department of Justice said it would not comment on legal opinion.

Irish citizenship applications are made under the Nationality and Citizenship Act 1956, the conditions of which include that an applicant must have one year’s continuous residency immediately before the date of application and, during the eight years before that, a total residence period of four years.

In August, 2016, the Department decided to apply “a reasonable and generous period of up to six weeks...for absences from the State for normal holidays and other short-term and temporary nature absences, such as for a business meeting, family bereavement or a medical emergency while abroad” when calculating residency terms. Applications are decided on individual merits, it said. (Quote ends)

Source: https://www.irishtimes.com/news/ireland ... -1.3369835

Alixlboy
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Posts: 249
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Ireland

Re: 6 Weeks Absence Rule

Post by Alixlboy » Sat Jan 27, 2018 2:39 pm

For those of you who have been refused a Naturalization application because of this rule, please contact a good solicitor for advice as you can legally challenge this rule in the light of the above.

Thanks,

Ali0857
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Re: 6 Weeks Absence Rule

Post by Ali0857 » Sat Jan 27, 2018 10:46 pm

Love it ... cheers for sharin awesome info ..
......................................................🛬 🚗........🚓🚓..🚓

Alixlboy
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Posts: 249
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Ireland

Re: 6 Weeks Absence Rule

Post by Alixlboy » Sun Jan 28, 2018 4:41 pm

Ali0857 wrote:
Sat Jan 27, 2018 10:46 pm
Love it ... cheers for sharin awesome info ..
You're welcome bro.
Now this clearly shows what INIS are trying to ''hide'' deliberately.

thpc
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Ireland

Re: 6 Weeks Absence Rule

Post by thpc » Mon Jan 29, 2018 1:33 pm

Very Useful information. Thank you Guys. I am in the same boat, not sure how it would impact me.

have to wait and see i'd imagine !!

Syjem
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Re: 6 Weeks Absence Rule

Post by Syjem » Wed Jan 31, 2018 7:17 am

Folks,
are you aware of anyone who got refusal based on this rule after receiving second stage letter?
I am expecting that anyone received second stage letter should be save from this rule as they should have calculated his days before starting their actual process.

Mal111
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Re: 6 Weeks Absence Rule

Post by Mal111 » Wed Jan 31, 2018 9:31 am

in second stage they say they will establish legal residence and good character
so the answer is no being in s second stage do not exempt anyone from the 6 weeks rule.

Alixlboy
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Posts: 249
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Ireland

Re: 6 Weeks Absence Rule

Post by Alixlboy » Wed Jan 31, 2018 10:09 am

Ali0857 wrote:
Sat Jan 27, 2018 10:46 pm
Love it ... cheers for sharin awesome info ..
Re: Syjem a question above:
Did your friend get the second stage letter bro?

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

Re: 6 Weeks Absence Rule

Post by Alixlboy » Wed Jan 31, 2018 10:10 am

Mal111 wrote:
Wed Jan 31, 2018 9:31 am
in second stage they say they will establish legal residence and good character
so the answer is no being in s second stage do not exempt anyone from the 6 weeks rule.
Quite possible!

Syjem
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Re: 6 Weeks Absence Rule

Post by Syjem » Wed Jan 31, 2018 3:36 pm

Alixlboy wrote:
Wed Jan 31, 2018 10:09 am
Ali0857 wrote:
Sat Jan 27, 2018 10:46 pm
Love it ... cheers for sharin awesome info ..
Re: Syjem a question above:
Did your friend get the second stage letter bro?
Yes, he got second stage letter last year but he was absent for more than six weeks on one of the last years due to family issues but at the time of his application he didn't explain that properly. Now, with all of the things about this role he got worried that they might refuse his application due to this absence. BTW, he applied early 2016 and at that time the six weeks role was not that effective as today.
He was thinking to write to them to explain the purpose of that old trip. I have advised him that there is no need for that as he is a parent of has Irish son and if he didn't satisfy the requirements for 5 year residence he will still OK for the Irish-associate route.
Also, I've just noticed that the INIS has published a new application form today but still they are not clarifying that the six weeks will be removed from your days.

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

Re: 6 Weeks Absence Rule

Post by Alixlboy » Wed Jan 31, 2018 7:14 pm

Syjem wrote:
Wed Jan 31, 2018 3:36 pm
Alixlboy wrote:
Wed Jan 31, 2018 10:09 am
Ali0857 wrote:
Sat Jan 27, 2018 10:46 pm
Love it ... cheers for sharin awesome info ..
Re: Syjem a question above:
Did your friend get the second stage letter bro?
Yes, he got second stage letter last year but he was absent for more than six weeks on one of the last years due to family issues but at the time of his application he didn't explain that properly. Now, with all of the things about this role he got worried that they might refuse his application due to this absence. BTW, he applied early 2016 and at that time the six weeks role was not that effective as today.
He was thinking to write to them to explain the purpose of that old trip. I have advised him that there is no need for that as he is a parent of has Irish son and if he didn't satisfy the requirements for 5 year residence he will still OK for the Irish-associate route.
Also, I've just noticed that the INIS has published a new application form today but still they are not clarifying that the six weeks will be removed from your days.
I think this is very unprofessional and tricky on behalf of INIS. Looks like they are trying to gather money from the applicants i.e. the 175 statutory fee from each applicant. They must not hide anything from the applicants. This must be challenged by someone in the High Court I believe.

srinidhi82
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Re: 6 Weeks Absence Rule

Post by srinidhi82 » Wed Jan 31, 2018 8:44 pm

Syjem wrote:
Wed Jan 31, 2018 3:36 pm
Alixlboy wrote:
Wed Jan 31, 2018 10:09 am
Ali0857 wrote:
Sat Jan 27, 2018 10:46 pm
Love it ... cheers for sharin awesome info ..
Re: Syjem a question above:
Did your friend get the second stage letter bro?
Yes, he got second stage letter last year but he was absent for more than six weeks on one of the last years due to family issues but at the time of his application he didn't explain that properly. Now, with all of the things about this role he got worried that they might refuse his application due to this absence. BTW, he applied early 2016 and at that time the six weeks role was not that effective as today.
He was thinking to write to them to explain the purpose of that old trip. I have advised him that there is no need for that as he is a parent of has Irish son and if he didn't satisfy the requirements for 5 year residence he will still OK for the Irish-associate route.
Also, I've just noticed that the INIS has published a new application form today but still they are not clarifying that the six weeks will be removed from your days.

any obvious changes in the form ?

zvz
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Re: 6 Weeks Absence Rule

Post by zvz » Mon Apr 23, 2018 3:57 pm

srinidhi82 wrote:
Wed Jan 31, 2018 8:44 pm
any obvious changes in the form ?
The only change I noticed is about IRP vs. GNIB (and even this not everywhere where GNIB was originally mentioned).

Irije
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Spain

Re: 6 Weeks Absence Rule

Post by Irije » 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?

IggyB
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Ireland

Re: 6 Weeks Absence Rule

Post by IggyB » Wed Jun 20, 2018 8:21 am

Im also EU citizen, so when I applied they asked me my bank statements and daily shopping to prove that I was in Ireland, I left my card with my friend to do daily shopping with my card when I was away for two months and he paid me cash afterwards, so I was in Ireland all this time 8)

shpirtshqipe
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Re: 6 Weeks Absence Rule

Post by shpirtshqipe » 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.

jori
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Albania

Re: 6 Weeks Absence Rule

Post by jori » Sun Jul 01, 2018 9:32 pm

Can someone who has gone thru the process please explain this 6 weeks rule? Is this ''absent from the country'' continuously for 6 weeks or non-continuously?
Thanks

UA2IRL
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Ireland

Re: 6 Weeks Absence Rule

Post by UA2IRL » Sun Sep 16, 2018 8:47 am

They refused my second application explaining I don't have continious 1 year reaidency prior to application date.
My real number of days 1 year priot to application date was circa 42 days.
But as explanation they provided Residency Calculator where they filled all my departures/arrivals from/to the State. So Calculator said I have just 60 days of residency for last year - which is in fact number of days since last arrival. This is crazy - they used Calculator for departures/arrivals while it should be used for Stamps!
Now I'm waiting for responce from them but I'm afraid I will need to start legal action against them because it is my second refusal.

Alixlboy
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Ireland

Re: 6 Weeks Absence Rule

Post by Alixlboy » Sat Sep 22, 2018 9:27 am

It's crazy the way they have started refusing applications based on such small things.

IggyB
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Re: 6 Weeks Absence Rule

Post by IggyB » Sat Sep 22, 2018 11:39 am

This is an excellent article after living 44 years in Ireland and hit by 6 weeks rule but lady at the end got her long deserved Irish citizenship

https://www.irishtimes.com/news/ireland ... -1.3352226

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