6 weeks absences Ireland

Dear Friends,
I am hoping to submit my application for naturalisation within the next year (the exact timing depends on the answer to the question below).

Does anyone know if all absences are being deducted from the total number of reckonable residence days or only those that have a total of 6+ weeks?

To give a bit context about my situation: I have moved to Ireland in December 2015 and in the past 4 years I have travelled quite a lot due to work and holidays, yet always remained an Irish resident and have been continuously employed by Irish company. The total number of days absent from the State up to Feb 2021 is 322 days, includes personal and business travel.

Thus being said, I figures my options and chances are:

- If I apply in March 2021 I will have enough additional days of residence to 'cover for' if the number of days above 6 weeks will be disregarded in any given year.
- If I apply in June 2021 I will have enough additional days of residence to 'cover for' if all absences of 6+ weeks will be disregarded in any given year (in their entirety).
- If I apply in September 2021 I will have enough additional days of residence to 'cover for' all entire absences, meaning I will have 1825/1826 days of physical residence in the State

On the one hand, I want to apply as soon as possible, on the other hand - I'd rather wait 6 extra months just to avoid the hassle and disappointment if my application will be rejected due to absences.

Any thoughts or advice, folks? Your help and input is greatly appreciated.

If your total absence is less than 6 weeks within a year, you don’t need to include any absence.
If it’s more than 6 weeks, you should deduct all of that.
If it’s just a little bit above 6 weeks and they are due to work related activities, you can explain the situation and ask the company to issue you a letter. This will normally be fine. However, if you want to be on the safe side, then just wait a bit longer.

Hi,

Thanks for the reply.

1) In year 1, i have 64 days of absences ( 21 is work related and 43 is annual leaves approved by my employer)
2) In year 2, i have 61 days of absences ( 17 is work related and 44 is annual leaves approved by my employer)
3) In year 3, i have 164 days of absences ( 34 is work related and 130 is annual leaves approved by my employer due to my wedding and some personal stuff)
4) In year 4, i have 65 days of absences ( 18 is work related and 47 is annual leaves approved by my employer)
5) In year 5 i have no travel

Can you please help me understand if i should wait for another year to cover off my annual leaves . Whereas all of my annual leaves are paid leaves by my employer . Looking at my absences due to think its going to cause problems in my naturaisation application evn through the absences are paid.

Also for the work related, do you think i should get them covered off by submitting a employer letter or wait for few months to cover my work related absences?

Thanks for the reply.

My opinion is that you would have to deduct all of these days out. They are way too much over the allowance in my opinion.

You should still get a letter from the employer confirming these travel dates are for work purposes and/or paid leave.

Hello,

Just looking at the annual leave alone, you don’t have enough reckonable residence as you’ve been out of the State for more than 42 days (6 weeks x 7 days) a year (esp years 3 & 4) bar the last.

- B

So what do you think my elibility is? Am i eligible to apply next year or how long do i have to wait now? For all these absences, i was paid by my employer, P60 paid, rent paid and bills etc and was a legal resident. I have been working with the same employer since i moved to Ireland. Please help when should i apply?

Also 6 weeks absences are deducted in its entirety or just the excess days over 6 weeks?

Your eligibility is determined on the following:

- you must have a continuous residency for the last 365 days (absence < 42 days);

- you must have another 365x4 days within the last 8 years (add 1 day for any leap year);

- For any year that you are absent for more than 42 days, you should deduct the entirety of these days.

By entirety, you mean to say i should deduct all 42 days and not excess over 42 days right?

Also if all of my absences are over 6 weeks cumulatively in one year, it means that i have to explain each and every stamp on my passport?

Please respond?

If you are out for 100 days in a year, you need to deduct the whole 100 days, not just the days over 42 days.

And yes I think the rule is that you have to list every trip within that year, although I’m not sure how accurate it needs to be. Some countries don’t really put a stamp in your passport on entry/exit so it’s kind of hard to keep track, but you should do your best. Maybe add a note saying it might not be 100% accurate but you have done your best.

Section 5.6 on the application form made this very clear:

5.6 Have you been absent from the State for more than 6 weeks per annum in any of the past 5 years?

If you answered Yes to 5.6 please provide details of all absences from the State on a separate sheet and enclose it with your application.

Ok Thanks alot for responding to my queries.

One last query please. If we have to deduct all the absences from the state from my reckonable residency and apply after completing the total absences, then why are they even asking us to explain the absences? Like they are not going to accept the explaination anyways and will ask to complete the absence days on holidays then why an explaination?

Just a curious question. Please respond

Many Thanks.

As I mentioned, if you are a little bit above your allowance (e.g. 45 days) a nice explanation will usually satisfy the Minister so that you don’t have to deduct these days. You have way more than that so it would be of little use to you.
You can think of it more like a question of why they should still consider you as a normal resident here. You may want to quickly explain that all trips are either business related or approved paid time leave, and your life is still based in Ireland rather than another country.

Thanks alot for the help.
Seems like i am better off waiting a year more and then apply.

I hope this minister changes due to the election and this 6 week rule is not applied by the DOJ stricly then.

Thanks

The Minister merely applies what is constituted by law.
It is therefore the law that needs to change.

Hi,
one of the question posted above was:

6 weeks absences are deducted in its entirety or just the excess days over 6 weeks?
the answer was:
For any year that you are absent for more than 42 days, you should deduct the entirety of these days.

My question is what is the source of this information given in the answer above?
(because I could not find anywhere to deduct the entirety of these days)

Like, I was out for 44 days in one year (44-42=2 days) and 55 days in another year (55-42=13)
so, I am just adding 13+2 days and will submit after 5 years+15 days.

If the above information is correct, then I have to wait (55+44=99)99 days on top of 5 years!
Please clarify.
thank you

The six-week rule was only introduced in 2016 so it is relatively new and does not have too much supporting cases or legislations to dispute it either way. The minister has the absolute discretion to interpret it either way.

The way I interpret it is the normal practice tone on the safe side. If you go to an immigration solicitor like I did, they would likely tell you to do the same just to be on the safe side. (I didn’t pay for any service for my naturalisation certificate but I did get a chance to talk to an immigration solicitor during a separate event.)

We have heard of reports and news articles that more and more people are being rejected due to this reason, so there is no reason risking it. If you have waited for five years, why risking your application by not waiting for another 3 months or so? Remember that they may not reject your application but they have every right to delay your application for years (as is the case for many people on this forum) without an explanation.

Some well-known law firms on immigration matters here have dealt with a number of cases where an applicant gets rejected by this reason. Whether they are able to overturn the decision, I don’t know, but it would take hundreds of euro to even just start a quick consultation with them. I would not want to do that just to apply for the application three months earlier.

sib2 wrote: ↑

Sat Mar 14, 2020 6:08 pm

Hi,
one of the question posted above was:

6 weeks absences are deducted in its entirety or just the excess days over 6 weeks?
the answer was:
For any year that you are absent for more than 42 days, you should deduct the entirety of these days.

My question is what is the source of this information given in the answer above?
(because I could not find anywhere to deduct the entirety of these days)

Like, I was out for 44 days in one year (44-42=2 days) and 55 days in another year (55-42=13)
so, I am just adding 13+2 days and will submit after 5 years+15 days.

If the above information is correct, then I have to wait (55+44=99)99 days on top of 5 years!
Please clarify.
thank you

Hi,

For all of your absences, were you away on work travel or was it holidays?
And if it was holidays, were they approved and paid for by your employer or were unpaid?

Thanks.

Bealtaine wrote: ↑

Sat Mar 14, 2020 1:46 pm

The Minister merely applies what is constituted by law.
It is therefore the law that needs to change.

Hi,

Was thinking, if i keep year 5 aside, what if my more than 6 weeks absences are all paid holidays and where there is no impact on tax, and i am single and have not taken a single social benefit. Will that be ok for them to process my application without rejection or i should wait for more additional months to complete my absences over 6 weeks. Does paid leaves and taxes fully paid will not be seen as a positive trait considering i am working for PWC and i can get letter from them as a prrof of paid leaves, salary paid and no loss of tax on salary? can you shed some light on this?

Thanks

The minister would consider family emergencies and most work-related absences. Annual leave is certainly not one of them. Paid or not makes zero difference whatsoever. The vast majority of people who have a full-time job get to go on annual leaves fully paid by their employers.

Besides, your annual leaves every year for the first 4 years are all more than 42 days. There is virtually zero chance that your application can be approved.

Sib2’s absences are much lesser and there is certainly a ground for the minister to consider.

My fiancée used to work for xxx and now works in another Big Four firm. In both companies in her department (corporate tax) they have an annual opportunity to talk to a financial advisor and/or solicitor for any personal matters. I suggest that you avail of this service as well if it is still available.

Thank you

In the residency calculator, do i have to put dates of my arrival and deparure every time i have travelled or is it just the stamps date as per my GNIB?

Can you please guide?

Just stamps

Thanks Littleerr. You have been so helpful.

One last question please.

SOrry for annoying you. This 6 week rule is nowhere written on the official webiste of INIS or DOJ? When i emailed them, they said the 6 week absences will be deducted in its entirety. However i couldnot find any link to the official version.

DO you have the link to it? Can you please share?

ChristinaLeary wrote: ↑

Mon Mar 16, 2020 3:45 pm

One last question please.

SOrry for annoying you. This 6 week rule is nowhere written on the official webiste of INIS or DOJ? When i emailed them, they said the 6 week absences will be deducted in its entirety. However i couldnot find any link to the official version.

DO you have the link to it? Can you please share?

It is part of the form
https://www.irishimmigration.ie/wp-cont ... m-CTZ3.pdf

5.6 Tick the appropriate box. If you were absent from the State for more than 6 weeks in any
of the previous 5 years provide details of all absences on a separate sheet and include it
with your application.

and also for calculation
"Evidence of your residency permissions that cover a CONTINUOUS PERIOD of 365/366
days in the year immediately prior to the date of application (date of Statutory Declaration)
AND periods totalling 4 years in the 8 year period before that (i.e. a total of 5 x 365 days
plus one day for each permission period in which 29 February falls (leap year).
"

littlerr wrote: ↑

Fri Mar 13, 2020 12:51 pm

If your total absence is less than 6 weeks within a year, you don’t need to include any absence.
If it’s more than 6 weeks, you should deduct all of that.
If it’s just a little bit above 6 weeks and they are due to work related activities, you can explain the situation and ask the company to issue you a letter. This will normally be fine. However, if you want to be on the safe side, then just wait a bit longer.

Whats the source of your information ?
That makes no sense. Imagine you spent 45 days instead of max 42 abroad and they deduct all 45 days from your reckonable residency rather then only 1/2 days that you overstayed . It says you are allowed up to 6 weeks but they did not mention that they will completely deduct it if you overstay .