applying for Citizenship little complex situation :(

[scorpion_irl]

Hi all, in coming months i will be on stamp 4 for five years, so i think i would be eligible to apply for Irish citizenship. But my first 4 years stamp 4 was based on marriage with EU citizen and after i divorced from Ex eu wife. I married with an irish national and told INIS about me previous marriage and sent them divorce decree and new documents regarding my marriage with irish national. And i asked them in the application to change my status from stamp4eufam to Stamp 4. So after few weeks i was given stamp 4 for one year.

But now when i will apply for citizenship, on which basis should i apply?... on five years stamp 4 ? or apply on basis of marriage to irish national, but for this i have to married over three years. But we married only few months ago..

Thanks for reading guys..
Regards

[chaoclive]

If you were only married a few months ago, you won't be able to use the 'Spouse of Irish national' option.

At present, you will only be eligible to apply due to having been in the State for 5 years.

[squa]

I'm afraid that is not true....you are entitled to apply NOW!!! You do not have to be married to an Irish national for 3 years before you apply on the basis of being the Spouse of an Irish national. You simply have to have 3 years reckonable residence at the time of application except for stamps such as students and visitor stamps. In your case stamp 4 counts.

[chaoclive]

http://www.inis.gov.ie/en/INIS/Pages/WP11000014:
Notwithstanding the provisions of section 15, the Minister may, in his or her absolute discretion, grant an application for a certificate of naturalisation to the non-national spouse or civil partner of an Irish citizen if satisfied that the applicant—

is of full age,
is of good character,
and that citizen—
(i) are married to each other, have been married to each other for a period of not less than 3 years, and are living together, as attested to by affidavit submitted by the citizen to the Minister in the prescribed form, or
(ii)are civil partners of each other, have been civil partners of each other for a period of not less than 3 years, and are living together, as attested to by affidavit submitted by the citizen to the Minister in the prescribed form,
is, in the case of a spouse, in a marriage recognised under the laws of the State as subsisting,
had, immediately before the date of the application, a period of one year’s continuous residence in the island of Ireland,
had, during the 4 years immediately preceding that period, a total residence in the island of Ireland amounting to 2 years,
intends in good faith to continue to reside in the island of Ireland after naturalisation, and
has, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—
made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and
undertaken to faithfully observe the laws of the State and to respect its democratic values.

[squa]

Scorpion_irl, apply now, I'm talking from experience. I came to Ireland over a year after my arrived. When she reached 5 years residency on Stamp4 she applied for citizenship and was granted. The VERY DAY she got her naturalisation certificate I too applied as the Spouse of an Irish national based on 3 years residency I had already gained on Stamp 3 even though I had not reached 5 years residency in Ireland. My appication is on 2nd stage processing and I should be getting the approval letter any moment now.

[chaoclive]

Squa：You applied after 3 years of residence right?

How long had you been married to your wife at the time of your application (no matter where you were)?

[dalebutt]

Squa your case appears to differ from that of the OP, OP has only been married for a year with the Irish citizen, in your case you have been married for probably more than 5 years, although at the time, your wife wasn't an Irish citizen, immediately when your wife became an Irish citizen, it would be normal that you qualify to apply as a spouse of an Irish citizen because you have been in marriage for "longer" than three years she only just became Irish citizen.

[chaoclive]

Exactly- dalebutt strikes again...

[squa]

Well, I suppose you guys are right. I reread the rules again and yes...you have to be married for 3 years to apply as Spouse of Irish national.

[scorpion_irl]

thanks for reply guys i guess i would apply on 5 years stamp 4 basis.. But section 13 of citizenship says application based on marriage to an irish national and then other details there needs to be filled in... what you guys say i leave this section out or what ? thanks again for reading and helping me out