90 Days Outside Ireland !?

[TryllZ]

Hi All,

Does anyone know how is the 90 days a person stays out of the country calculated.

Is it 90 days between 1st January to 31st Dec, or from calculated from the most recent travel backwards upto 12 months.

I could not find this information anywhere.

Thank You

[TryllZ]

Hi All,

Does anyone know how is the 90 days a person stays out of the country calculated.

Is it 90 days between 1st January to 31st Dec, or from calculated from the most recent travel backwards upto 12 months.

I could not find this information anywhere.

Thank You

Immigration clarified it this way, if I understand it correct it means 90 days are counted backwards everyday all the way up to 12 months prior, can anyone correct my understanding ?!

As per Immigration Service Delivery guidelines, applicants cannot be absent from the state for more than 90 days in any one rolling year. A rolling year is any 365 day period. This is not dependant on the permission you hold.

Definition of a rolling year:
A continuous 12 month period that is measured backwards from any given date, rather than a fixed calendar year. It rolls forward day by day, always looking back over the previous 12 months.

[Ibeeby]

For what its worth (I have not had to worry about this because my days calculated in any way don't come close) but I would agree that some of the text is confusing.

I normally counsel against relying on "AI" summaries but this is the response that I got from Brave:

***
To calculate your days outside Ireland for the year preceding your naturalisation application, count the days you were not physically in the country. You can be absent for up to 70 days, and the days you leave Ireland and the days you return are not counted as absences. The Immigration Service Delivery provides an online residency calculator to help with your calculation.

Step-by-step guide
Determine the application year: This is the one-year period immediately before your intended application date.
Count your travel days: Go through each day of that year and count any day you were physically outside of Ireland.
Do not count travel days: The day you leave Ireland and the day you arrive back in Ireland are not counted as absences.
Use the online calculator: The Immigration Service Delivery online residency calculator can help you add up the total number of days and is a useful tool to check your eligibility.
Explain exceptional absences: If you have been absent for more than 70 days due to an exceptional circumstance, you should explain this in your application.
***

THE ABOVE CAME FROM AN AI SUMMARY CHECK THIS BEFORE RELYING ON IT!!

That said, it appears to concur with what is written here: https://www.citizensinformation.ie/en/m ... alisation/

If it is right, its pretty generous. If you were doing a tax calculation (ie was I in another country for so many days that I should be not liable for tax (usually 180 or 183 days depending on country)) the calculation would be less generous I understand.

[TryllZ]

I have not added anything from AI..

The reply is from an enquiry I made to ISD..

[littlerr]

INIS has not published any written policy on this. If you ask them to clarify on paper, they would tell you that it’s 90 days in a rolling year for most permission holders (180 days for EUTR, 1 day for IIP Year 1&2, and 0 day for IIP Year 3 onwards).

As these are not written in legislations, it gives INIS some flexibility to determine whether someone is a genuine resident when someone has an extended period of absence - for example, to look after a sick dependent, to cater for work-related travels, to carry out a surgery abroad etc.

I’m surprised that till this day there hasn’t been any lawsuits against INIS and no judge had to make a precedence.

[Ibeeby]

I think that is not quite right. The case of Jones comes to mind:

https://www.asylumlawdatabase.eu/en/con ... itizenship

Following which the 70 days soft-limit was introduced by the Minister whereby fewer than 70 days' absence do not interfere with one's 'resident' status and more requires explanation. You could be absent because you are working away, dealing with family or other issues overseas or just because your work takes you away a lot. You could be pushing towards the 70 day limit and an emergency arises.

[TryllZ]

Thanks for the replies..

I'm not asking in terms of Citizenship, this is necasuse I asked them but only received a reply after I had left Ireland as I was under the impression per calendar year means 1st Jan to 31st Dec, seems this is not how they calculate it..

As now I'm out of Ireland and the picture is different, I'm just concerned if they will stop me at the immigration..