OVER 6 WEEK RULE ABSENCE

[irish786]

hi all
can anybody explain if anybody outside the state over 6 week how many days gonna deducted from residency this includes 6 week or just extra days gonna count

[cadjo]

I don't know if I can link to other forums, but I think you can find your answers here:

Web link removed by moderator

For what I have gathered, if you are applying for Citizenship you CAN NOT be absent from the state for more then 6 weeks in the last 365 days before you submit your application.

[irish786]

i just visited last year only for 5 week but i’m still confused about my past over 6 week holiday how much they gonna deduct from my residency

[bobu2kadu]

you can submit an additional letter detailing the reasons for the absence along with the application, I did the same and my application is now approved.

[zvz]

hi all
can anybody explain if anybody outside the state over 6 week how many days gonna deducted from residency this includes 6 week or just extra days gonna count

Absences for over 6 weeks are excluded from one's reckonable residence in their entirety. Unfortunately. But the most frustrating thing is that one cannot know this from any officially published source until their application is declared ineligible because of insufficient reckonable residence.

[zvz]

you can submit an additional letter detailing the reasons for the absence along with the application, I did the same and my application is now approved.

Generally, this does not work. Although, I agree that there is a limited number of types of absences (like working abroad for an Irish company, official business trips etc.) that can be accepted as allowable, by default normal absences (like holidays, visiting families/friends etc.) are not tolerated. In your particular case your total reckonable residence minus your total 6+ week/year absences resulted in still 5+ years. That was most probably the reason why your absences did not affect eligibility of your application, not the fact that you explained them.

For those who are just over 5 years resident in Ireland I would recommend check carefully your 6+week/year absences and if any wait another few to several months to compensate them. This will save you €175 and 6-9 months of time (no one will tell you your application is ineligible until its processing to stage 2).

[irish786]

soo its best wait an other few months then submit a application will cover all 6+ week absence holiday

[zvz]

soo its best wait an other few months then submit a application will cover all 6+ week absence holiday

Yep, you can read something more on this topic (google searches "Immigration lawyers warn ‘six-week rule’ is unconstitutional" and "IMPORTANT NOTICE REGARDING NATURALISATION APPLICATIONS AND RECKONABLE RESIDENCE"). Although it is hard to argue with the sounded opinions, they do not help naturalisation applicants currently. There is no appeal procedure on the naturalisation applications.

[bobu2kadu]

Yeah, I will be a brave person to define exact rules followed by INIS but in my case I applied the next day when I completed 5 years based on the stamps in my passport

[zahmed05]

Hi- I'm slightly confused about this rule. My question is:

Do we have to mention the absences which are longer than 6 week or all the trips needs to be mentioned if I was cumulatively out of Ireland for more than 6 week in any given year? E.g. I can have 7 trips of one week long. Does that count as 6+ week absence in a year?

Lastly, by year, do they mean calendar year?

Regards,
Zeeshan

[zvz]

Hi- I'm slightly confused about this rule. My question is:

Do we have to mention the absences which are longer than 6 week or all the trips needs to be mentioned if I was cumulatively out of Ireland for more than 6 week in any given year? E.g. I can have 7 trips of one week long. Does that count as 6+ week absence in a year?

Lastly, by year, do they mean calendar year?

Regards,
Zeeshan

As this rule is not explicitly available to public, I personally do not think the answers can be known for sure a priori. What is known a posteriori (as a result of my spouse's cancelled application) is that not only long 6+ weeks absences are counted but all of them (even couple-of-days-long) cumulatively if they total to 6+ weeks/year. What year is considered here was unfortunately impossible to find out as in our particular case both two calendar years and two years counted back from the application date contained 6+weeks absences. So yes, 7 one week long trips will trigger the rule. Have no doubt on this.

[bluemoon2]

Hi- I'm slightly confused about this rule. My question is:

Do we have to mention the absences which are longer than 6 week or all the trips needs to be mentioned if I was cumulatively out of Ireland for more than 6 week in any given year? E.g. I can have 7 trips of one week long. Does that count as 6+ week absence in a year?

Lastly, by year, do they mean calendar year?

Regards,
Zeeshan

As this rule is not explicitly available to public, I personally do not think the answers can be known for sure a priori. What is known a posteriori (as a result of my spouse's cancelled application) is that not only long 6+ weeks absences are counted but all of them (even couple-of-days-long) cumulatively if they total to 6+ weeks/year. What year is considered here was unfortunately impossible to find out as in our particular case both two calendar years and two years counted back from the application date contained 6+weeks absences. So yes, 7 one week long trips will trigger the rule. Have no doubt on this.

I am going to apply soon but I can not see any where on the naturalization form they are asking about 6+ weeks absents from the state , so where can we declare them ? I couldn,t find anything like that on application form anymore.

[zahmed05]

5.6 Tick the appropriate box. If you were absent from the State for more than 6 weeks in any of the previous 5 years provide details of
all absences on a separate sheet and include it with your application.

[Rosay36]

I am going to apply soon but I can not see any where on the naturalization form they are asking about 6+ weeks absents from the state , so where can we declare them ? I couldn,t find anything like that on application form anymore.
[/quote]

You could always include a cover letter along with your naturalisation application. However, If you are missing days in your naturalisation calculator upto six weeks, and can not justify it. It will be advisable to hold on with your application until you meet the requirement. A friend of mine had application returned for that reason. He was away for 7 weeks visiting a sick relative.

[bluemoon2]

Thanks guys , I found it.

[sanzo]

Hi- I'm slightly confused about this rule. My question is:

Do we have to mention the absences which are longer than 6 week or all the trips needs to be mentioned if I was cumulatively out of Ireland for more than 6 week in any given year? E.g. I can have 7 trips of one week long. Does that count as 6+ week absence in a year?

Lastly, by year, do they mean calendar year?

Regards,
Zeeshan

As this rule is not explicitly available to public, I personally do not think the answers can be known for sure a priori. What is known a posteriori (as a result of my spouse's cancelled application) is that not only long 6+ weeks absences are counted but all of them (even couple-of-days-long) cumulatively if they total to 6+ weeks/year. What year is considered here was unfortunately impossible to find out as in our particular case both two calendar years and two years counted back from the application date contained 6+weeks absences. So yes, 7 one week long trips will trigger the rule. Have no doubt on this.

That's very good information. Do any of you guys know how do they count the dates? Especially, for the EU citizens who have no stamp in the passports.

[IggyB]

This is the reply I got:
Minister for Justice and Equality (Deputy Charles Flanagan): As I advised the Deputy in my response to his recent Parliamentary Question number 130 of 18 January, the granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. The Act provides that the Minister may, in his absolute discretion, grant an application for naturalisation if he is satisfied that the statutory conditions set out in the Act, which include residency conditions, are met.
The statutory residence conditions are that, regardless of how long an applicant may have resided in the State, the applicant must have a period of 1 year's continuous residence in the State immediately before the date of application and, during the 8 years immediately preceding that period, have had a further total residence amounting to 4 years (in the case of an application based on being the spouse or civil partner of an Irish citizen the Act reduces this further period to 2 years during the preceding 4 years).
While the Act clearly stipulates the statutory periods of residence required in the State, and that the final year be continuous residence, it has long been recognised that many people may travel abroad for a holiday, or may have some unexpected or unavoidable reason to travel abroad. 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. The Minister may allow some further discretion where there are wholly exceptional or unavoidable circumstances.
In the notes attached to the application form it is made clear to applicants that arrangements for assessment of residence are on the basis that the person is physically resident in the State for the required period of time and that where there are significant absences from the State the application may be refused.
Every application for naturalisation is considered on its own merits having regard to the statutory conditions set out in the Act.

[Anira]

Has anyone seen this? I wonder how was the “appeal” process since there is none? Will this affect other applications?

https://www.irishtimes.com/news/social- ... 1?mode=amp

[SGIreland]

I know from the application form that the 6 weeks rule is for each year of residency claimed.
In my case, I was out the state for 8 weeks during the 1st year of residency and less than 6 weeks in the next 4 years of residency.
As of today I am resident in the state for 5 years and 2 months.
Has anyones application refused due to 6 weeks+ absence in the years (1 to 4)?

thnx

[crisbella218]

Just to bring my experience to this conversation.

I applied in 2016 for Irish citizen based on marriage from Northern ireland. I had been living in NI since April 2011. I got married in march 2013. I give all documentation and put on my application that I was absent from NI for 5 months due to giving birth to my son. I thought this would be fine as they would if required take my whole leave from 2011 into account. My 5 months outside Ireland was in 2014 so it wasn't 1 year before application.

I was refused and the answer given was that I had spent more than 6 weeks outside the island of Ireland without "good reason".

I did write back and ask why they would not take into account my period before March 2013. They give me a response saying you were not legally here as you weren't married, even though I have given them copies of my visas and work payment slips. Even when I got an MP up here to ask a TD to get involved the response was pretty poor.

Anyway I had to wait to make up 4-5 months and reapply again and was given citizenship very quick in April 2017.

So my advice is, if you can wait 5-6 weeks more to make up the time you have been outside the island best to do that to save the hassle. However if its within your year before application, you will be taking a risk at the mercy of the person deciding your application if your 6 weeks outside Ireland is a "good reason"

You should put your details into this calculator: http://www.inis.gov.ie/en/INIS/Pages/Na ... Calculator as they sent me a print out of the results with my rejection. So if this shows you don't have the period required then your taking a risk applying. As appeals are not allowed (so crazy compared to other countries).

Hope that helps.

Good Luck!

[Anira]

Crisbella, did you ever get to the second stage and was refused? Or they rejected straigt away? Thanks for the information!

[SGIreland]

thnx Crisbella. This is a useful information. when you were out of the country for 5 months, did you have a valid GNIB /or without it ?

[bobu2kadu]

6 weeks is an exception given for people to account for normal absences from the state for valid reasons and it may be also acceptable if you have not been absent continuously but beyond a variance of 2 weeks it will be questioned by INIS and the application will rightly be refused. The 6 week rule is in letter and spririt not a absolute must. Else it would have definitely appeared on the forms.

[zvz]

I know from the application form that the 6 weeks rule is for each year of residency claimed.
In my case, I was out the state for 8 weeks during the 1st year of residency and less than 6 weeks in the next 4 years of residency.
As of today I am resident in the state for 5 years and 2 months.
Has anyones application refused due to 6 weeks+ absence in the years (1 to 4)?

thnx

Yes, I explained how it works earlier in this topic. To tell long story short, absences of 6+ weeks/year will be substracted from your residency in their entirety.

Situation 1: Let us say, an individual was resident in Ireland for 5 yrs and 2 months, but was absent for 9 weeks in any of previous years. Their application will be closed: 5 years 2 months - 9 weeks is less than 5 years.

Situation 2: Another individual was resident in Ireland for 5 yrs and 4 months, but was absent for 7 weeks in the year prior applying. Their application will be closed: no continous reckonable residency a year prior application even though their total residency exceeds 5 years.

Situation 3: Yet another individual was resident in Ireland for 5 yrs and 9 months, but was absent for 7 weeks two years ago and 10 weeks four years ago. Their application will not be closed because of lack of reckonable residency (may be because of other issues ).

[bobu2kadu]

Evidence of residency permission i.e. your passport(s) showing residency permission stamps for a period of 1 year immediately prior to the application and a further 2 years in the 4 year period before that, equalling 3 years in total

Tick the appropriate box. If you were absent from the State for more than 6 weeks in any of the previous 5 years provide details of all absences on a separate sheet and include it with your application.

Just follow verbatim as described in the form. 99 out of 100 you will be successful. Each application is different and if INIS decides to reject your application be sure it will be rejected even if you have lived in Ireland for 45 years continuously.