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Does Six Week Rule apply after Application submitted?

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Zancolfry
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Does Six Week Rule apply after Application submitted?

Post by Zancolfry » Thu Jun 24, 2021 10:31 am

Does the six week out of the country rule also apply after the application for citizenship has been submitted? I can only find in writing that it applies to the year before submitting your application.

I've seen mentions in the posts on the boards that applicants should follow the rule while their applications are being processed, but everything on the immigration website and in minister's responses to questions specifically states in the year prior to application.

I apologize if this question has been posted and answered in another thread. I looked, but couldn't find anything.

Vorona
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Re: Does Six Week Rule apply after Application submitted?

Post by Vorona » Thu Jun 24, 2021 11:00 am

https://www.irishimmigration.ie/citizen ... alisation/

"If you are outside the State for longer than 6 weeks after you submit your application, you must notify ISD by letter or email to explain why."

If you leave Ireland for a long period of time, the application can be put on hold until your return.

Zancolfry
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Re: Does Six Week Rule apply after Application submitted?

Post by Zancolfry » Thu Jun 24, 2021 1:26 pm

Vorona wrote:
Thu Jun 24, 2021 11:00 am
https://www.irishimmigration.ie/citizen ... alisation/

"If you are outside the State for longer than 6 weeks after you submit your application, you must notify ISD by letter or email to explain why."

If you leave Ireland for a long period of time, the application can be put on hold until your return.
Thank you very much for this response. I submitted my application in Jan 2020 and was positive I'd seen that the six week rule also applied while it was being processed and have been adhering to the rule. Lately, I'd begun to question that, as I couldn't find any reference to six weeks after application. This is what I was looking for - unfortunately, I thought that it was six weeks per year and this reads as six weeks for the entire time the application is being processed. Who knows how long that will be?

Thanks!

littlerr
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Re: Does Six Week Rule apply after Application submitted?

Post by littlerr » Thu Jun 24, 2021 3:02 pm

It is 6 weeks per year. I don't think they have a legal definition of whether this 6 week period applies to calendar year or the fiscal year starting from the day you submit your application.

As things stand, you should treat it as being the general requirement that you should not be away for more than 6 weeks during any 12 month period (until someone challenges INIS in court).

Shakey
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Re: Does Six Week Rule apply after Application submitted?

Post by Shakey » Thu Jun 24, 2021 7:10 pm

Not only is there a legal definition the six week rule has zero legal standing. The government deciding all of a sudden in 2016 that this is a rule doesn't make it statute.

maguis
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Re: Does Six Week Rule apply after Application submitted?

Post by maguis » Mon Aug 30, 2021 6:21 pm

littlerr wrote:
Thu Jun 24, 2021 3:02 pm
It is 6 weeks per year. I don't think they have a legal definition of whether this 6 week period applies to calendar year or the fiscal year starting from the day you submit your application.

As things stand, you should treat it as being the general requirement that you should not be away for more than 6 weeks during any 12 month period (until someone challenges INIS in court).
Could you please add further context on this information? Have you found any source that confirms that this obligation refers to 6 weeks a year?
Also, does anyone know if the rule applies for 6 weeks in a row or is the accumulation of days totaling 6 weeks? thanks

littlerr
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Re: Does Six Week Rule apply after Application submitted?

Post by littlerr » Mon Aug 30, 2021 6:34 pm

maguis wrote:
Mon Aug 30, 2021 6:21 pm
littlerr wrote:
Thu Jun 24, 2021 3:02 pm
It is 6 weeks per year. I don't think they have a legal definition of whether this 6 week period applies to calendar year or the fiscal year starting from the day you submit your application.

As things stand, you should treat it as being the general requirement that you should not be away for more than 6 weeks during any 12 month period (until someone challenges INIS in court).
Could you please add further context on this information? Have you found any source that confirms that this obligation refers to 6 weeks a year?
Also, does anyone know if the rule applies for 6 weeks in a row or is the accumulation of days totaling 6 weeks? thanks
The idea is simple. You continue to take up the same amount of residency after you submit your application, which allows for an absence of 6 weeks a year.

If an application takes 3 years, which happens frequently enough, it doesn’t mean you cannot take any foreign holiday after using up your 6 weeks allowance after the first year or so.

And it’s always the accumulation, not a single trip.

mads32
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Re: Does Six Week Rule apply after Application submitted?

Post by mads32 » Tue Aug 31, 2021 12:05 pm

littlerr wrote:
Mon Aug 30, 2021 6:34 pm
maguis wrote:
Mon Aug 30, 2021 6:21 pm
littlerr wrote:
Thu Jun 24, 2021 3:02 pm
It is 6 weeks per year. I don't think they have a legal definition of whether this 6 week period applies to calendar year or the fiscal year starting from the day you submit your application.

As things stand, you should treat it as being the general requirement that you should not be away for more than 6 weeks during any 12 month period (until someone challenges INIS in court).
Could you please add further context on this information? Have you found any source that confirms that this obligation refers to 6 weeks a year?
Also, does anyone know if the rule applies for 6 weeks in a row or is the accumulation of days totaling 6 weeks? thanks
The idea is simple. You continue to take up the same amount of residency after you submit your application, which allows for an absence of 6 weeks a year.
While I completely agree with your line of thought, specially because some applications take up to 3 years, it is still a bit grey since the only single place where they seem to mention this rule is on that link where you download the forms and there they seem pretty clear that is 6 weeks max after you apply until you get it and that's it, you need to tell them you've been abroad and they seem to require a reasonable justification for that. (and again, I think it doesn't make sense since before the application is per year).

The whole 6 weeks rule seems to be a bit controversial from the beginning but at least is clear and part of the form while this one they need to make this weird unofficial thing part of a page. :(

I go abroad a lot to visit my family and SO that is living in another country and putting this limit until you get the citizenship makes it really hard for me cause I have no idea when I'm getting my citizenship, it could be a year, it could be 3. Sound like it's the type of thing you would appeal on court and win but still adds another later of anxiety on top of this process.

toshinobu
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Re: Does Six Week Rule apply after Application submitted?

Post by toshinobu » Tue Aug 31, 2021 4:46 pm

Does anyone know of anyone who's been out of the state for more than 6 weeks in the final calendar year after their citizenship application was submitted? If so, did they still get citizenship?

littlerr
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Re: Does Six Week Rule apply after Application submitted?

Post by littlerr » Tue Aug 31, 2021 5:57 pm

toshinobu wrote:
Tue Aug 31, 2021 4:46 pm
Does anyone know of anyone who's been out of the state for more than 6 weeks in the final calendar year after their citizenship application was submitted? If so, did they still get citizenship?
My colleague was living in the UK for most of the time after the application and got his citizenship approved in around 13 months right before COVID started.

toshinobu
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Re: Does Six Week Rule apply after Application submitted?

Post by toshinobu » Wed Sep 01, 2021 9:23 am

littlerr wrote:
Tue Aug 31, 2021 5:57 pm
toshinobu wrote:
Tue Aug 31, 2021 4:46 pm
Does anyone know of anyone who's been out of the state for more than 6 weeks in the final calendar year after their citizenship application was submitted? If so, did they still get citizenship?
My colleague was living in the UK for most of the time after the application and got his citizenship approved in around 13 months right before COVID started.
Cheers for this!

EU citizens don't get their passports stamped or anything when crossing EU borders so the case could be different if he were non-EU at the time. He could've also easily crossed into the UK by land if he went there before brexit.

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