EEA citizen living in Ireland and working in NI - Irish citizenship?

[niewolno]

Hi,

I am an EEA citizen living and working in Ireland for the last two years. I am considering looking for a job in NI that would have me commute there from ROI, possibly for half a week or so, while retaining a home in ROI, where the rest of my (EEA citizen) family live. Would this have implications for my ability to apply for an Irish citizenship in three years' time? Given that I'd be commuting by bus and train, I wouldn't have exit/entry data, so how would I prove my residency?

Would the situation be different if I commuted to NI every day? Could those days be counted as residence in ROI if I returned for every night?

Any advice on this very much appreciated. Apologies if this has been discussed - I looked for similar threads but couldn't find something discussing this type of a situation.

[chriswickstead]

But do you have, or will have, permission to enter/leave and work in UK? No-one will hire a non-UK (or non-Irish) citizen who cannot prove they have the legal right to work in UK (i.e. Northern Ireland).

[niewolno]

Yes, the job would come with a visa. Don't want to go into specifics, but the right to work in the UK would not be a concern.

[Tuengeek]

I don't know for sure in your case, but generally speaking you're not counted as absent from the State for purpose of residence calcualtion unless you have been gone a full day (midnight to midnight), so as long as you're commuting back and forth the same day and not, like, commuting up on Monday and coming back on Friday, I would imagine it should count as residence in the State?

See the part of the Irish Nationality and Citizenship Act 1956 defining continuous residence: https://revisedacts.lawreform.ie/eli/19 ... ed/en/html

I'd probably contact the Citizenship team and ask them, they don't always respond to emails but I don't think it would hurt to ask.

[niewolno]

Thanks for the advice!

[Vadrar]

Hi,

I am an EEA citizen living and working in Ireland for the last two years. I am considering looking for a job in NI that would have me commute there from ROI, possibly for half a week or so, while retaining a home in ROI, where the rest of my (EEA citizen) family live. Would this have implications for my ability to apply for an Irish citizenship in three years' time? Given that I'd be commuting by bus and train, I wouldn't have exit/entry data, so how would I prove my residency?

Same way everyone else does: by having the listed Type A and Type B proofs available.

Would the situation be different if I commuted to NI every day? Could those days be counted as residence in ROI if I returned for every night?

You mention above 'commuting for half a week'. Any day you spend at least some hours in the Republic won't count as absent. But if you are away 'half a week', you'd lose those days you don't return to the Republic. If you travel away and back on the same day it will count as reckonable residency.

You'll want to have iron clad evidence. As in, I'd ensure 2 to 3 forms of both Type A and Type B. I'd ensure you have bank statements in your name only showing very regular POS transactions in the Republic. You should ensure you have your name on lease/mortgage, have an RTB statement (if renting) and have your name on actual utilities (eg gas or electric - that show units of useage.) Do not rely on a mobile phone bill etc.

You'll need to make sure your tax returns in both countries are up to date and you are declaring the money you earn in the UK to Revenue so the right taxes are paid. Find a way to keep track of your travel - digital copies of your tickets or whatever, in case you get pushed on proving exactly which days you were in the Republic. Your UK work contract should show your Irish residential address.

There are people who've received naturalisation approval doing this. But they have tended to be asked additional questions and for additional proof, so make sure you are watertight on your documentation. The UK are known to be much more conservative in the reverse situation (residing in NI, working in Ireland) and are less likely to approve citizenship or permanent residency, but Ireland is more likely.

[niewolno]

Thanks for the comprehensive reply! This is all very valuable.

[seanocathasaigh80]

It is residency in Ireland that is reckonable. That is the whole island.

The Irish Nationality and Citizenship Act 1956 refers to residence in the island of Ireland. (15A)

Also, you have to remember that legally speaking Ireland didn't accept the existence of Northern Ireland until 1999 so a reference to the State in 1956 includes the 6 counties.

Check with INIS to be sure.

[Tuengeek]

The Irish Nationality and Citizenship Act 1956 refers to residence in the island of Ireland. (15A)

I was wondering the same thing when I read it earlier, but 15A is specifically the section for if you apply as a spouse of an Irish citizen, as far as I could tell the rest of the act says "the State" instead of "the island of Ireland".

[Vadrar]

The Irish Nationality and Citizenship Act 1956 refers to residence in the island of Ireland. (15A)

I was wondering the same thing when I read it earlier, but 15A is specifically the section for if you apply as a spouse of an Irish citizen, as far as I could tell the rest of the act says "the State" instead of "the island of Ireland".

Yes, the reference to ‘island of Ireland’ applies solely to spouses of Irish living in Northern Ireland. It doesn’t apply to anyone using their own residency.

[seanocathasaigh80]

Either way, the constitution claimed the full 32 counties until 1999. If it's not explicit then it's very much a grey area and the Irish Government are keen to keep it very grey. I would check with INIS, but I don't see your working in Ireland and being normally resident in Ireland causing a problem with your citizenship application in Ireland.

[Vadrar]

Either way, the constitution claimed the full 32 counties until 1999. If it's not explicit then it's very much a grey area and the Irish Government are keen to keep it very grey. I would check with INIS, but I don't see your working in Ireland and being normally resident in Ireland causing a problem with your citizenship application in Ireland.

Qualifying residency is not a grey area. While it is useful politically to reference 'Ireland' to mean the Republic and 'island of Ireland' to include Northern Ireland, there is no NI residency route to Irish citizenship except by marriage to an Irish. It's specified in the Good Friday Agreement (which is passed into law in both UK and RoI.) Unless married to an Irish, living in Northern Ireland does not qualify for Irish naturalisation. The OP will likely be fine as long as they can prove they reside in RoI, and keep full day absences from RoI under 70 days in 365, or can complete their 1826 days residency within the 9 year timeframe allowed (and without breaching the 6 months residency required per year to maintain their EEA definition of continuous residency in RoI.) So even though the OP should be ok in their scenario, if they want Irish naturalisation, they need to ensure they can prove RoI residency and not rely on NI residency.

This excerpt (from UK Parliamentary sources as that is the first that came up on search) relates to British citizens, but it applies to anyone living in Northern Ireland. Bold emphasis mine, not from quote.

'To examine obtaining Irish naturalisation as well, British citizens not born in NI who are resident in NI who wish to obtain Irish citizenship, must do so through Irish naturalisation. However this is more limited as naturalisation is only provided for if they are married or in a civil partnership with an Irish citizen or can prove Irish Associations. There is no route to Irish naturalisation through legal residency alone in Northern Ireland.'

https://committees.parliament.uk/writte ... ing%20same.