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A question about being outside Ireland in the last 12 months before the date of your application.

Forum to discuss all things Blarney | Ireland immigration

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khaledfox
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Posts: 5
Joined: Mon Jun 05, 2023 3:50 pm
Ireland

A question about being outside Ireland in the last 12 months before the date of your application.

Post by khaledfox » Mon Oct 16, 2023 11:05 am

Hi everyone
As far as I understand, I must stay in Ireland for 12 continuous months before the submission of my application without being outside Ireland without absence whatsoever.

Now I see a statement on both websites:
"https://www.irishimmigration.ie/how-to- ... alisation/"

*Under Sections 15, 15A and 15B applicants are required to have one year’s continuous residence in the State immediately prior to the date of application. This requirement is specific to the year prior to the date of application. However applicants can be absent from the State during this period for up to 70 days either as one period or an aggregate of periods.


and
"https://www.citizensinformation.ie/en/m ... alisation/"
You can spend 70 days outside of Ireland in the year immediately before your application.


indicating that I can stay outside Ireland for 70 days in the last year before submitting the application
I am really confused and hope someone can clarify this to me
Thanks in advance

Vadrar
Member of Standing
Posts: 271
Joined: Mon Jun 05, 2023 1:06 pm
Ireland

Re: A question about being outside Ireland in the last 12 months before the date of your application.

Post by Vadrar » Mon Oct 16, 2023 11:13 am

khaledfox wrote:
Mon Oct 16, 2023 11:05 am
Hi everyone
As far as I understand, I must stay in Ireland for 12 continuous months before the submission of my application without being outside Ireland without absence whatsoever.

Now I see a statement on both websites:
"https://www.irishimmigration.ie/how-to- ... alisation/"

*Under Sections 15, 15A and 15B applicants are required to have one year’s continuous residence in the State immediately prior to the date of application. This requirement is specific to the year prior to the date of application. However applicants can be absent from the State during this period for up to 70 days either as one period or an aggregate of periods.


and
"https://www.citizensinformation.ie/en/m ... alisation/"
You can spend 70 days outside of Ireland in the year immediately before your application.


indicating that I can stay outside Ireland for 70 days in the last year before submitting the application
I am really confused and hope someone can clarify this to me
Thanks in advance
‘Continuous residence’ has never meant 365 days physical presence in a year. Though what absences are acceptable has changed over time, been subject to a court case and amended in law recently. You can now spend up to 70 days outside the Republic in a 365 period and meet the ‘continuous residency’ requirement. Day of departure and arrival to the Republic do not need to be counted as an absence.

meself2
Moderator
Posts: 3440
Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: A question about being outside Ireland in the last 12 months before the date of your application.

Post by meself2 » Mon Oct 16, 2023 11:14 am

khaledfox wrote:
Mon Oct 16, 2023 11:05 am
As far as I understand, I must stay in Ireland for 12 continuous months before the submission of my application without being outside Ireland without absence whatsoever.
It wasn't the case for years? If you're under the limit of absences (70 days), this year will be counted as continuous residence.

Where does it say you can't be outside Ireland?
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

khaledfox
Newly Registered
Posts: 5
Joined: Mon Jun 05, 2023 3:50 pm
Ireland

Re: A question about being outside Ireland in the last 12 months before the date of your application.

Post by khaledfox » Mon Oct 16, 2023 12:43 pm

Thank you for replying to my question

I feel very dump when I read your reply.

The word "Continuously" meant to me I needed to stay the whole 365 days in Ireland without leaving, especially in the last year before submitting.
I understood this from form 8:

2. If you are a non‐EU citizen making a standard application based on having 5 years
residence:
• Evidence of your residency permissions that cover a CONTINUOUS PERIOD of 365/366
days in the year immediately prior to the date of application (date of Statutory Declaration)
AND periods totalling 4 years in the 8 year period before that (i.e. a total of 5 x 365 days
plus one day for each permission period in which 29 February falls (leap year). Please
submit proofs of residence for each year. Each proof will be allocated a specific number of
points.


So, what is the difference between the last 12 months and any residency year of the five-years?

Thanks

Vadrar
Member of Standing
Posts: 271
Joined: Mon Jun 05, 2023 1:06 pm
Ireland

Re: A question about being outside Ireland in the last 12 months before the date of your application.

Post by Vadrar » Mon Oct 16, 2023 1:14 pm

Don’t feel dumb - it’s a poorly worded phrase and the naturalisation process in general in a really poor user experience. The authors of the process should feel unprofessional for the system they’ve created.

In the years before final year (ie years 1 to 4 if qualifying via residency or ywars 1 to 2 if a spouse of Irish):
If you are in the Republic for at least 295 days (365 - 70) in a 365 period you can count that year as a full 365 days in the reckonable residency calculator (because you’ve met ‘continuous residency’ threshold.) If you are not present for at least 295 days you can only count that actual days in the. country in your reckonable residency count.

In the year before application:
You basically need to be in the country for 295+ days. They can apply discretion to this if there are exceptional circumstances, but best to meet it if you can.

keithmcmxc
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Joined: Mon Sep 30, 2019 5:58 pm
Mood:
Philippines

Re: A question about being outside Ireland in the last 12 months before the date of your application.

Post by keithmcmxc » Tue Oct 24, 2023 12:16 am

A friend of mine exceeded 6 weeks every year outside Ireland for holidays, and/or visiting family at home country. She listed all her travels in a table format with number of days outside Ireland every year in her citizenship application. Take note though that she applied sometime around 2021 and she got her citizenship. It looks like it's okay to exceed 6 weeks outside Ireland for holidays as long as you're not outside Ireland that would deem as if you are a resident in that country. I could be wrong.

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