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Reside an additional year or wait until completing just the days stayed outside Ireland?

Forum to discuss all things Blarney | Ireland immigration

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mmssaa
Member
Posts: 101
Joined: Wed Jan 13, 2021 3:20 pm
India

Reside an additional year or wait until completing just the days stayed outside Ireland?

Post by mmssaa » Sun Jan 29, 2023 11:52 am

Hi all,

(Asking this for a friend). Let's say that I have been a resident of this country for five years, with the exception of one year during which I remained outside the country for a period of seven weeks or 49 days. According to the regulations, time spent outside the country for more than six weeks in a year does not count towards the residency requirement for citizenship.

I am seeking clarification on whether I am required to either reside an additional year within the country before applying for citizenship or wait until I have completed a total of five years plus an additional 49 days before submitting an application.

I would appreciate any insight or guidance on this matter. Thank you.

meself2
Moderator
Posts: 3240
Joined: Mon Sep 06, 2021 4:10 pm
Ireland

Re: Residency Requirement for Citizenship

Post by meself2 » Sun Jan 29, 2023 11:57 am

Depends if the year, in which that happened, was the one right before applying.

If you've lived in the country for 5 years and on 3rd (for example) year you've gone over the absence threshold (7 weeks), you need to live in the country for 5 years + 7 weeks, so you can cover what you've missed. Ref: https://www.oireachtas.ie/en/debates/qu ... 12-15/288/
In this regard, it is considered, that a reasonable and generous period of up to 6 weeks be allowed to provide for absences from the State for normal holidays and other short term and temporary nature absences, such as for business meetings or a family wedding or bereavement or medical emergency while abroad, and that such short term nature absence from the State would not impact on the statutory residence requirement. However, in the absence of any additional information in relation to extended absences, absences totalling 6 weeks or more in any year will be deducted in their entirety from the reckonable residence in the State.
On the other hand, if absence was in the last year before citizenship, this year just doesn't count and then yes, you need to spend another year to account for that. Ref: https://www.oireachtas.ie/en/debates/qu ... 12-15/288/
In both cases, the final 12 months must be continuous residence in the State with up to 6 weeks allowed to facilitate foreign travel for business family or holiday purposes.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

mmssaa
Member
Posts: 101
Joined: Wed Jan 13, 2021 3:20 pm
India

Re: Reside an additional year or wait until completing just the days stayed outside Ireland?

Post by mmssaa » Sun Jan 29, 2023 12:08 pm

Thank you for the prompt response.

In regard to my previous inquiry, I would like to provide additional information. In one specific year, I travelled from January 1st, 2022, to February 12th, 2022.

Let's say my departure from Dublin was on January 1st, 2022, but my arrival in my home country was on January 2nd, 2022. My return flight was on February 11th, 2022, and my arrival back in Ireland was on February 12th, 2022.

My question is, do I need to include the day I travelled and day I landed in my residency calculation?

Image

meself2
Moderator
Posts: 3240
Joined: Mon Sep 06, 2021 4:10 pm
Ireland

Re: Reside an additional year or wait until completing just the days stayed outside Ireland?

Post by meself2 » Sun Jan 29, 2023 12:12 pm

mmssaa wrote:
Sun Jan 29, 2023 12:08 pm
Thank you for the prompt response.

In regard to my previous inquiry, I would like to provide additional information. In one specific year, let's say the travel started from January 1st, 2022, to February 12th, 2022.

Let's say my departure from Dublin was on January 1st, 2022, but my arrival in my home country was on January 2nd, 2022. My return flight was on February 11th, 2022, and my arrival back in Ireland was on February 12th, 2022.

My question is, do I need to include the day I travelled and day I landed in my residency calculation?

Image
Dates of departure and arrival shouldn't count. Source: post1900948.html#p1900948
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.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

mmssaa
Member
Posts: 101
Joined: Wed Jan 13, 2021 3:20 pm
India

Re: Reside an additional year or wait until completing just the days stayed outside Ireland?

Post by mmssaa » Sun Jan 29, 2023 12:33 pm

Thanks once again for the prompt response.

rajqo
Newly Registered
Posts: 24
Joined: Tue Jan 24, 2023 6:50 pm
Ireland

Re: Reside an additional year or wait until completing just the days stayed outside Ireland?

Post by rajqo » Sun Jan 29, 2023 5:27 pm

does this rule apply only to stamped passports? how is this proved for EU citizens? :shock:

meself2
Moderator
Posts: 3240
Joined: Mon Sep 06, 2021 4:10 pm
Ireland

Re: Reside an additional year or wait until completing just the days stayed outside Ireland?

Post by meself2 » Sun Jan 29, 2023 6:34 pm

rajqo wrote:
Sun Jan 29, 2023 5:27 pm
does this rule apply only to stamped passports?
This rule applies to everyone aiming to go through naturalization process. EU citizens don't have stamps, but they're still supposed to supply ISD with information about their absences and if they were over the threshold.
rajqo wrote:
Sun Jan 29, 2023 5:27 pm
how is this proved for EU citizens?
We can only assume ISD has its ways.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

mentalmind
Member of Standing
Posts: 421
Joined: Wed Dec 08, 2021 12:19 pm
Algeria

Re: Reside an additional year or wait until completing just the days stayed outside Ireland?

Post by mentalmind » Sun Jan 29, 2023 7:42 pm

rajqo wrote:
Sun Jan 29, 2023 5:27 pm
does this rule apply only to stamped passports? how is this proved for EU citizens? :shock:
Aİrline companies sharing their flight manifest with border control police (who is on the which plane at which time and date)

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