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Calculating ansense is it Calendar Year or Year backward from application date

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barter
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Calculating ansense is it Calendar Year or Year backward from application date

Post by barter » Fri May 22, 2020 3:39 pm

From Naturalization Application Form 8 : "Point 5.6 Have you been absent from the State for more than 6 weeks per annum in any of the past 5 years?"

My question is : How '6 weeks per annum in any of the past 5 years' , will be calculated ?

a) Based on Calendar year : Jan 2019 - Dec 2019 , Jan 2018 - Dec 2018....
or,
b) Is calculated backwards from the date the application is applied for example: if applied in May then: May 2020 -May 2019, May 2019 -May 2018, May 2018 - May 2017

barter
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Re: Calculating absense is it Calendar Year or Year backward from application date

Post by barter » Fri May 22, 2020 5:38 pm

My apologies , it's *absence* in subject line. I'm not able to edit and fix the subject line .

littlerr
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Re: Calculating ansense is it Calendar Year or Year backward from application date

Post by littlerr » Fri May 22, 2020 5:56 pm

b

ChristinaLeary
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Re: Calculating ansense is it Calendar Year or Year backward from application date

Post by ChristinaLeary » Sat May 23, 2020 11:52 am

Hi,

Based on the information that i received from citizenship department via email, it is per calendar year. also based on this reply, it seems that if your work absences are not for a period longer than 6 weeks in a year, that means you dont need to explain them or list them.

"Thank you for your email. A reasonable and generous period of up to 6 week
per calendar year is allowed to provide for absences from the State for
normal holidays and other short term and temporary nature absences, such as
for a family bereavement. The onus is on the applicant to ensure that their
registration with GNIB is kept up to date. Absences of more than 6 weeks
in any year need to be listed and a brief note explaining the reason for
each absence need to be submitted your application for naturalisation.
Absences totalling 6 weeks or more in any year will be deducted in their
entirety from your reckonable residence in the State. Date of departure and
date of arrival are not counted when calculating you total absences from
the State.

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. Please be advised that a determination on whether an applicant
satisfies the statutory criteria attendant to naturalisation can only be
made after an application is received"
.

Regards

hako
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Joined: Sat May 09, 2020 9:50 pm
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Re: Calculating ansense is it Calendar Year or Year backward from application date

Post by hako » Sat May 23, 2020 3:32 pm

ChristinaLeary wrote:
Sat May 23, 2020 11:52 am
Hi,

Based on the information that i received from citizenship department via email, it is per calendar year. also based on this reply, it seems that if your work absences are not for a period longer than 6 weeks in a year, that means you dont need to explain them or list them.

"Thank you for your email. A reasonable and generous period of up to 6 week
per calendar year is allowed to provide for absences from the State for
normal holidays and other short term and temporary nature absences, such as
for a family bereavement. The onus is on the applicant to ensure that their
registration with GNIB is kept up to date. Absences of more than 6 weeks
in any year need to be listed and a brief note explaining the reason for
each absence need to be submitted your application for naturalisation.
Absences totalling 6 weeks or more in any year will be deducted in their
entirety from your reckonable residence in the State. Date of departure and
date of arrival are not counted when calculating you total absences from
the State.

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. Please be advised that a determination on whether an applicant
satisfies the statutory criteria attendant to naturalisation can only be
made after an application is received"
.

Regards
Its good to know they don't count your date of departure and arrival from the state. In my application, I thought I was exceeding 6 weeks so I gave them detailed reasons for it but since they don't count those days my days of being out of the state became 40 days suddenly. I guess I should be fine after this info.

littlerr
Senior Member
Posts: 927
Joined: Wed Jul 25, 2018 12:14 pm
China

Re: Calculating ansense is it Calendar Year or Year backward from application date

Post by littlerr » Sat May 23, 2020 6:32 pm

That’s very interesting and good to know actually. I believe many people (me included) thought it was the other way around.

barter
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Re: Calculating ansense is it Calendar Year or Year backward from application date

Post by barter » Sun May 24, 2020 1:17 am

ChristinaLeary wrote:
Sat May 23, 2020 11:52 am
Hi,

Based on the information that i received from citizenship department via email, it is per calendar year. also based on this reply, it seems that if your work absences are not for a period longer than 6 weeks in a year, that means you dont need to explain them or list them.

"Thank you for your email. A reasonable and generous period of up to 6 week
per calendar year is allowed to provide for absences from the State for
normal holidays and other short term and temporary nature absences, such as
for a family bereavement. The onus is on the applicant to ensure that their
registration with GNIB is kept up to date. Absences of more than 6 weeks
in any year need to be listed and a brief note explaining the reason for
each absence need to be submitted your application for naturalisation.
Absences totalling 6 weeks or more in any year will be deducted in their
entirety from your reckonable residence in the State. Date of departure and
date of arrival are not counted when calculating you total absences from
the State.

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. Please be advised that a determination on whether an applicant
satisfies the statutory criteria attendant to naturalisation can only be
made after an application is received"
.

Regards
1) In response I got from department, you are right arrival and departure dates are not calculated.
2) I got a clear response that's it's calculated date backward from date of application and not calendar year

littlerr
Senior Member
Posts: 927
Joined: Wed Jul 25, 2018 12:14 pm
China

Re: Calculating ansense is it Calendar Year or Year backward from application date

Post by littlerr » Sun May 24, 2020 1:46 pm

I had a chat with an immigration solicitor friend, and he is of the same opinion that this is based on the application date rather than the calendar year. They had a few rejected naturalisation cases and they were all calculated based on application date.
I’m interested to know whether it’s simply a misuse of words from one specific INIS staff or if they have really changed their requirement.

barter
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Joined: Mon May 11, 2020 12:28 pm
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Re: Calculating ansense is it Calendar Year or Year backward from application date

Post by barter » Sun May 24, 2020 2:11 pm

littlerr wrote:
Sun May 24, 2020 1:46 pm
I had a chat with an immigration solicitor friend, and he is of the same opinion that this is based on the application date rather than the calendar year. They had a few rejected naturalisation cases and they were all calculated based on application date.
I’m interested to know whether it’s simply a misuse of words from one specific INIS staff or if they have really changed their requirement.
Correct , form : point 5.6 uses word 'per annum' and not 'calendar year' as well as in response I got from department it's say calculation of reckonable residence is backward from application date.

ChristinaLeary
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Posts: 19
Joined: Fri Mar 13, 2020 11:03 am
Turkey

Re: Calculating ansense is it Calendar Year or Year backward from application date

Post by ChristinaLeary » Sun May 24, 2020 10:33 pm

Hi barter,

Can you please post their email reply in the thread here? If INIS is responding differently then this will definitely cause confusion.

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