Naturalization - more than 6 weeks in 2016 - how to answer

[BaboiDamo]

Hi Everyone,

My girlfriends will apply for naturalization shortly, she is non EU, she had her first stamp 4 in April 2015 under Eu treaty rights.
We were together out out the country in 2016 for more than 6 weeks, I believe for around 7 weeks.

My understanding is that the 6 weeks rule applies to the year before the application, and if it happened in the previous 4 years you just need to wait a bit more to cover the absence.

If this is the case, how shall she answer to question 5.6 "have you been absent from the state for more than 6 weeks per annum in any of the past 5 years?"

I would answer "yes" and provide indication of her travelling in 2016. She is applying 9-10 months after reaching the 5 years residency period so this shouldn't create any issues...

Does it sound right?

Thank in advance,

B.

[Vorona]

That's correct. You need to declare any absence of 7 weeks (42 days) or more in any fiscal year of her residence in Ireland. Be careful when doing your calculation. It's not just the days over 7 weeks that have to be deducted from calculation, but the entire absence.

Create a small spreadsheet in Word or Excel and put in the dates when you were away and make sure that the day of departure and return are not counted. These days will be counted towards time spent in Ireland.

[BaboiDamo]

Thanks Vorona,

Have to calculate it again but I think it was really 42 days, not counting the departure and the return.

I booked the solicitor for the signatures, but now I was reading that citizenship is not acknowledging new applications because of the lockdown.

We would like to go on holiday in May, would you say it is better to postpone the submission?

Thanks.

B.

[Vorona]

Oops, sorry. I meant 6 weeks, not 7. Pressed the wrong key

42 days or 6 weeks is the maximum time that you can spent outside of Ireland in any 12 months of your residence without declaring it as an absence.
If you spent more than 42 days (this does not include days of departure and return) then deduct the whole period.

If you going somewhere in May, I suggest to delay the application and submit it after you come back from your holiday. As you can see a lot of people are waiting several months to get their passports back.

Currently, new applications are not checked because citizenship staff is working remotely. Which means that any documents sent in January will be reviewed after current lockdown ends.

[BaboiDamo]

Thank you, Just checked again and we are at 45 days, we will declare it of course, it shouldn't be a problem since she is applying after almost 6 years from the first stamp.

At this point though, I wonder if I have to cancel the appointment with the solicitor and postpone everything after the lockdown, although I just read the minister is expecting a child and she ll be on maternity leave fantastic, 2021 is starting so well already

[Vorona]

If you meet the criteria you can sign the declaration with your solicitor or notary and post the application when you can.

Bear in mind, that the date on which you sign the statutory declaration will be viewed as the date of your application even if you send it at a later date. Don't get confused.

Residence will be counted up to that date only.

[BaboiDamo]

Indeed, thanks for clarifying.
However there s no point to sign it now and post it in a few months, it only takes a few minutes for the signatures.

I think we ll postpone and see how the situation evolves in the next few months.

Thanks for your help, much appreciated.

B.

[Hongo77]

Oops, sorry. I meant 6 weeks, not 7. Pressed the wrong key

42 days or 6 weeks is the maximum time that you can spent outside of Ireland in any 12 months of your residence without declaring it as an absence.
If you spent more than 42 days (this does not include days of departure and return) then deduct the whole period.

If you going somewhere in May, I suggest to delay the application and submit it after you come back from your holiday. As you can see a lot of people are waiting several months to get their passports back.

Currently, new applications are not checked because citizenship staff is working remotely. Which means that any documents sent in January will be reviewed after current lockdown ends.

Hi Vorona,

May I ask why you are so sure that it's needed to recover the 6 weeks as well? That is not really clear to me when reading the form. I've seen some post here and also chatted to people that haven't done that and they got approved anyway. I know it's always better to be sure and wait, but it looks like a weird rule.

Thanks for your help.

[Vorona]

Hi Vorona,

May I ask why you are so sure that it's needed to recover the 6 weeks as well? That is not really clear to me when reading the form. I've seen some post here and also chatted to people that haven't done that and they got approved anyway. I know it's always better to be sure and wait, but it looks like a weird rule.

Thanks for your help.

Very simple. I read the form and the questions on the form is very clear, as well as the requirement to provide information about your absence of 6 weeks or more. You can still try and hide your absences. It's up to you. But it's up to them to check on you, not the people you've chatted with.

I don't see anything weird about it. Absolutely normal question.

[Hongo77]

Hi Vorona,

May I ask why you are so sure that it's needed to recover the 6 weeks as well? That is not really clear to me when reading the form. I've seen some post here and also chatted to people that haven't done that and they got approved anyway. I know it's always better to be sure and wait, but it looks like a weird rule.

Thanks for your help.

Very simple. I read the form and the questions on the form is very clear, as well as the requirement to provide information about your absence of 6 weeks or more. You can still try and hide your absences. It's up to you. But it's up to them to check on you, not the people you've chatted with.

I don't see anything weird about it. Absolutely normal question.

Sorry if I wasn't clear, I'm not saying to hide them. I will show them clearly and specify the reason I was out of the country. But as my company allowed me to work remotely for a couple of weeks, I used to travel during holidays to visit my family and stay there for a month or so.

What I find weird is that it's ok to be out of the country for 40 days and not covering any of those days, but if you go out for 45 you need to cover all of them.

Thanks for your answer.

[Vorona]

Sorry if I wasn't clear, I'm not saying to hide them. I will show them clearly and specify the reason I was out of the country. But as my company allowed me to work remotely for a couple of weeks, I used to travel during holidays to visit my family and stay there for a month or so.
What I find weird is that it's ok to be out of the country for 40 days and not covering any of those days, but if you go out for 45 you need to cover all of them.

I understand. Before I applied, I have sent them an email asking questions about absences and they replied to me that a total number of days will be deducted as an absence, not only the days over 6 weeks. I had way more than 6 weeks and I waited until I have enough days to build up for that time before sending my documents.

This is a rule. Every country has their own legislation. I don't see anything unusually strange about this rule. Clearly they want you to confirm that you are spending most of the time in Ireland.

[Hongo77]

I understand. Before I applied, I have sent them an email asking questions about absences and they replied to me that a total number of days will be deducted as an absence, not only the days over 6 weeks. I had way more than 6 weeks and I waited until I have enough days to build up for that time before sending my documents.

This is a rule. Every country has their own legislation. I don't see anything unusually strange about this rule. Clearly they want you to confirm that you are spending most of the time in Ireland.

Thanks!

[Shakey]

Sorry if I wasn't clear, I'm not saying to hide them. I will show them clearly and specify the reason I was out of the country. But as my company allowed me to work remotely for a couple of weeks, I used to travel during holidays to visit my family and stay there for a month or so.
What I find weird is that it's ok to be out of the country for 40 days and not covering any of those days, but if you go out for 45 you need to cover all of them.

I understand. Before I applied, I have sent them an email asking questions about absences and they replied to me that a total number of days will be deducted as an absence, not only the days over 6 weeks. I had way more than 6 weeks and I waited until I have enough days to build up for that time before sending my documents.

This is a rule. Every country has their own legislation. I don't see anything unusually strange about this rule. Clearly they want you to confirm that you are spending most of the time in Ireland.

I would invite you to find the legislation that includes reference to the "six week rule".

Clue, there isn't one About time someone challenged in court over this. It appeared out of nowhere in 2016 with no legal basis.

[Vorona]

I would invite you to find the legislation that includes reference to the "six week rule".
Clue, there isn't one About time someone challenged in court over this. It appeared out of nowhere in 2016 with no legal basis.

I invite you to find where I said that there is one. I've heard that this rule has no legal basis, but you're welcome to challenge Department and the Minister on the legitimacy of this rule. I will only applaud if you do. Try it.