Absense for a minor / 6 weeks' rule for naturalisation for children

Jordans · Post by **Jordans** » Sun Dec 08, 2019 2:04 pm

Here's a situation:

A child born in Ireland spent 2 past summers at his grandparents' house in a non-EU country. The parents are attending the upcoming citizenship ceremony and wish to apply for naturalisation on behalf of their child immediately afterwards. The amount of time per year the child spent away from Ireland is greater than 6 weeks. The child's passport is filled with visas and entry/exit stamps so there's no denying it.

The form states that" Generally, your child should have resided in the State for a continuous period 365/366 days in the year immediately prior to the date of application and periods totalling 2 years in the 8 year period before that."

Question: how do you determine "continuos" when it comes to children? The child is attending primary school, goes away from Ireland for school holidays only. Is it ok to apply next week, or should the parents wait until the number of days the child was gone in the year of application drops to 42?

Bealtaine · Post by **Bealtaine** » Sun Dec 08, 2019 2:20 pm

Well.. he clearly resides in Ireland as he is with his parents and studies here but is away during the summer. One can argue either way but lets not forget RJ- the Aussie who was away for approx 3 months (100 days a year) worked here but spent all that time away as he is in academia and would thus be away when the uni is on break. He couldn’t naturalize due to the 6 week grace-period.
I’d therefore wait till the number of days drop if I were applying for my child.

Jordans · Post by **Jordans** » Tue Dec 17, 2019 5:52 pm

Bealtaine wrote: ↑
Sun Dec 08, 2019 2:20 pm
Well.. he clearly resides in Ireland as he is with his parents and studies here but is away during the summer.

The official reply arrived today:

Your child would have to prove their residency for three years prior to
application. You would need to submit school letters/doctors letters or
child benefit letter as proofs.
Regards
Citizenship Helpdesk
Team 2.

So they didn't say no to my wondering if the 6-week rule applies to children. I guess it's up to the parents to decide if they want to spend €175 to pay for a possible rejection.

Jordans · Post by **Jordans** » Tue Dec 17, 2019 5:52 pm

Jordans wrote: ↑
Tue Dec 17, 2019 5:52 pm

Bealtaine wrote: ↑
Sun Dec 08, 2019 2:20 pm
Well.. he clearly resides in Ireland as he is with his parents and studies here but is away during the summer.
The official reply arrived today:
Your child would have to prove their residency for three years prior to
application. You would need to submit school letters/doctors letters or
child benefit letter as proofs.
Regards
Citizenship Helpdesk
Team 2.
So they didn't say that the 6-week rule applies to children. I guess it's up to the parents to decide if they want to spend €175 to pay for a possible rejection.

Jordans · Post by **Jordans** » Tue Dec 17, 2019 5:53 pm

Bealtaine wrote: ↑
Sun Dec 08, 2019 2:20 pm
Well.. he clearly resides in Ireland as he is with his parents and studies here but is away during the summer.

The official reply arrived today:

Your child would have to prove their residency for three years prior to
application. You would need to submit school letters/doctors letters or
child benefit letter as proofs.
Regards
Citizenship Helpdesk
Team 2.

So they didn't say that the 6-week rule applies to children. I guess it's up to the parents to decide if they want to spend €175 to pay for a possible rejection.

Bealtaine · Post by **Bealtaine** » Tue Dec 17, 2019 9:31 pm

Yes. Very ambitious and could be interpreted either way. My original stance still holds.

Obie · Post by **Obie** » Wed Dec 18, 2019 2:46 pm

Neither the 6 weeks no the 3 years rule applies as the child is a minor, and parents are citizen, and therefore qualification under association is most straightforward step.

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Absense for a minor / 6 weeks' rule for naturalisation for children

Absense for a minor / 6 weeks' rule for naturalisation for children

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Re: Absense for a minor / 6 weeks' rule for naturalisation for children

Re: Absense for a minor / 6 weeks' rule for naturalisation for children

Re: Absense for a minor / 6 weeks' rule for naturalisation for children

Re: Absense for a minor / 6 weeks' rule for naturalisation for children

Re: Absense for a minor / 6 weeks' rule for naturalisation for children