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How long can I stay outside of Ireland on Stamp 1G and its effect on citzenship?

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nmsin
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How long can I stay outside of Ireland on Stamp 1G and its effect on citzenship?

Post by nmsin » Wed Apr 10, 2024 11:06 am

Hi,

I'm a master's graduate (Non-EU) who is on their first year of Stamp 1G, looking for work. I'm currently in my home country, and in the month of May, my stay outside of Ireland will exceed 90 days. I wanted to inquire, if there will be any issues when my return to Ireland. There's a possibility that I might extend my stay further as I wanted to be back once I had a job offer. I read in few forums that permission needs to be sought if it's over 90 days, however I've not come across any official statement regarding this, is there a link to any official document which states the same or what steps will I have to take to achieve it?

When applying for citizenship, will this gap (90 days and if above 90 days) be counted or the year excluded? From what I can see on the https://www.citizensinformation.ie/en/m ... 20absences, the total number of days will be considered over the years: "During the 8 years before that, have had a total reckonable residence in the State of 1,460 days (4 years)", is the calculation split in each year or is it seen on the whole?

Any help would be greatly appreciated. Thank you!

kyk00525
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Re: How long can I stay outside of Ireland on Stamp 1G and its effect on citzenship?

Post by kyk00525 » Wed Apr 10, 2024 12:04 pm

citzenship is 70 days allow or 72 if you add the day leave and back

Vadrar
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Re: How long can I stay outside of Ireland on Stamp 1G and its effect on citzenship?

Post by Vadrar » Wed Apr 10, 2024 1:53 pm

I'm not sure there is any clear statement published on the 1G allowable absences, which is likely why you can't find it. If that is true, the guidance for immigration officers will use is the need to maintain 'continuous residency' to keep the stamp valid. This will be where the 90 days is coming from, as the general precedent is that absences beyond 90 days within a 365 period mean that continuous residency is broken. You'd want to get written permission for absences longer than 90 days if you want to keep your Stamp 1G valid and ensure you are allowed to re-enter Ireland after your absence.

If you lose 1G you'll need to get a new immigration permission to be able to continue towards naturalisation. The period where 1G is deemed to have lapsed won't count towards naturalisation.

As for naturalisation, to count 365 days in a year towards your (1460 + 365) reckonable residency you need fewer than 70 days absent from the state in that period. Once you exceed the 70 days grace you can only count days you are actually physically present in the state towards the 1460; you lose all of the 70 grace days. The remedy is to simply continue living in the state enough days to get to 1460 within your first 8 years.

The final 365 period is different. You have to keep absences below 70 days to count the year before application. If you are absent more than 70 days, the general advice is to wait until you have an unbroken year (ie unbroken means fewer than 70 days absence) before applying. The department can make exceptions, but does so less frequently than people seem to assume.

nmsin
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Re: How long can I stay outside of Ireland on Stamp 1G and its effect on citzenship?

Post by nmsin » Wed Apr 10, 2024 3:13 pm

Vadrar wrote:
Wed Apr 10, 2024 1:53 pm
I'm not sure there is any clear statement published on the 1G allowable absences, which is likely why you can't find it. If that is true, the guidance for immigration officers will use is the need to maintain 'continuous residency' to keep the stamp valid. This will be where the 90 days is coming from, as the general precedent is that absences beyond 90 days within a 365 period mean that continuous residency is broken. You'd want to get written permission for absences longer than 90 days if you want to keep your Stamp 1G valid and ensure you are allowed to re-enter Ireland after your absence.

If you lose 1G you'll need to get a new immigration permission to be able to continue towards naturalisation. The period where 1G is deemed to have lapsed won't count towards naturalisation.

As for naturalisation, to count 365 days in a year towards your (1460 + 365) reckonable residency you need fewer than 70 days absent from the state in that period. Once you exceed the 70 days grace you can only count days you are actually physically present in the state towards the 1460; you lose all of the 70 grace days. The remedy is to simply continue living in the state enough days to get to 1460 within your first 8 years.

The final 365 period is different. You have to keep absences below 70 days to count the year before application. If you are absent more than 70 days, the general advice is to wait until you have an unbroken year (ie unbroken means fewer than 70 days absence) before applying. The department can make exceptions, but does so less frequently than people seem to assume.
This is very helpful, thank you! Would you know how the year is calculated? Is it from when you receive the stamp to until it's validity or Jan-Dec?

Vadrar
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Re: How long can I stay outside of Ireland on Stamp 1G and its effect on citzenship?

Post by Vadrar » Wed Apr 10, 2024 3:39 pm

It will be based on stamp dates not calendar year.

They could also check your absence rate over previous 365 days (eg from date of presentation at immigration in Dublin airport after an absence ) if you have continuous stamps to assess your general pattern of presence.

nmsin
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Re: How long can I stay outside of Ireland on Stamp 1G and its effect on citzenship?

Post by nmsin » Wed Apr 10, 2024 5:12 pm

Thank you. I will be back within the 90 days limit for now then, I can't find an email to contact, it's all related to visa/citizenship applications. Would you happen to know a point of contact?

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