Citizenship application and Out of the State

[Sham321]

Dear All,

I have a question and hope someone will advise. I have applied for my citizenship in November 2020 and so far have not received any update on this. I was away for 3 weeks in 2021 and planning to go again for 3 weeks in mid of December and coming back around 10th of February 2022. In this case my total out of country will be around 9 weeks but per year it will be under the threshold of 6 weeks in 2021 and 2022.

Can you please advise if this is ok and I do not need to inform the department?

Your advise will be highly appreciated.

Thanks

[OneWorld2122]

I believe, if it's under 6 weeks from November 2020-21 and subsequently, you are fine.

[Sham321]

Thanks v much for the reply.

However it is a bit unclear on the citizenship website, it says that after the application, you should not be out of the state for more than 6 weeks. Does it mean that we can not be out for more than 6 weeks in a year or in one go?

If I go mid December and come back in mid Feb 2022, I will be out of the state for 9 weeks but If I look per year, it will be less than 6 weeks in 2021 and 2022. Should I go for 9 weeks? Sorry for this question and I hope you understand.

Thanks all.

[Nala2021]

Thanks v much for the reply.

However it is a bit unclear on the citizenship website, it says that after the application, you should not be out of the state for more than 6 weeks. Does it mean that we can not be out for more than 6 weeks in a year or in one go?

If I go mid December and come back in mid Feb 2022, I will be out of the state for 9 weeks but If I look per year, it will be less than 6 weeks in 2021 and 2022. Should I go for 9 weeks? Sorry for this question and I hope you understand.

Thanks all.

Doesn't the 6 week rule apply to the year you are specifically claiming? So if you are claiming say from Nov-20 to Nov -21, then the 6 week absence rule applies there, and then so on and so forth to the subsequent years you are claiming.

I do not think that an applicant claims according to the fiscal year which for Ireland would be 1 January to 31 December.

[OneWorld2122]

It's 6 weeks in total doesn't matter if you take them in one go or breaks.
It's calculated from date you applied or signed the application that means from November to November in your case.

Thanks v much for the reply.

However it is a bit unclear on the citizenship website, it says that after the application, you should not be out of the state for more than 6 weeks. Does it mean that we can not be out for more than 6 weeks in a year or in one go?

If I go mid December and come back in mid Feb 2022, I will be out of the state for 9 weeks but If I look per year, it will be less than 6 weeks in 2021 and 2022. Should I go for 9 weeks? Sorry for this question and I hope you understand.

Thanks all.

[avta]

Hey,

There is no official clarification of this new rule or even any law, or any court precendents. This new rule was suddenly become published on the new designed ISD website. It was done the same unlawful way and time as they published the new rule about 23 month application processing time. When you applied, back to the November 2020, there wasn't any such rule in place, so any such processing procedures update should not have any backward impact to all the applicants applied before this was published in the end of summer 2021.

[OneWorld2122]

This rule is there for a bit sometimes and was not introduced in Nov 2020, you can search on the forum this has been discussed a few times last year too.

Hey,

There is no official clarification of this new rule or even any law, or any court precendents. This new rule was suddenly become published on the new designed ISD website. It was done the same unlawful way and time as they published the new rule about 23 month application processing time. When you applied, back to the November 2020, there wasn't any such rule in place, so any such processing procedures update should not have any backward impact to all the applicants applied before this was published in the end of summer 2021.

[avta]

Hey,
The root base for the 6 weeks rule is the sentence of "continues residence in the last year".
The root base for the extensions of the 6 weeks rule to the applied cases is the sentence of "intention to be permanent resident in the state".
In both cases this is ISD interpretation of the law,
sometimes published in the site, sometimes with a fighting in the courts.
There wasn't any bills updated for the last years about this 6 weeks rules yet, but it's in the final stage of the ongoing plans of the ISD, especially after the court fight, that took almost half of the year.