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Illness Benefit & citizenship application

Forum to discuss all things Blarney | Ireland immigration

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v emmy
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Posts: 33
Joined: Tue Nov 17, 2009 1:06 am

Illness Benefit & citizenship application

Post by v emmy » Sat Nov 28, 2009 5:40 pm

I searched before asking this, but no definitive answer:
Does ILLNESS BENEFIT negatively affect our application for citizenship?

I have worked (PAYE) here continuously for one employer since early 2000.

I've had a number of illness periods which required me to apply for illness benefit (we are paid by our employer while sick; employer requires that we file for illness benefit and the benefit is paid directly to the employer).

Additionally, I had major surgery in 2008 (private insurance) with a 4-month recovery period. Then this year had another (unrelated) condition which resulted in another 4-month period of illness benefit.

I have been told by a number of people that illness benefit does not "count against" us... but I wonder. As far as I know it is my only "red flag" issue. I've been a boring, "all-boxes-ticked" immigrant otherwise (GNIB stamps always up to date. Stamp 4 easily acquired. Stamp 5 easily acquired recently. I even pay my tv license! LOL. No points on driving lic. etc)

Can anyone answer this question with certainty?

Thanks in advance.

victor8600
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Posts: 101
Joined: Sat Mar 15, 2008 5:55 pm
Location: Blanchardstown, edge of known Universe

Re: Illness Benefit & citizenship application

Post by victor8600 » Sat Nov 28, 2009 6:00 pm

v emmy wrote:Can anyone answer this question with certainty?.
The Irish Nationality and Citizenship Act provides that the Minister for Justice, Equality and Law Reform may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled (quote from the Office of the Minister for Integration).

There is no right to citizenship, so, if the Minister is not in the mood at the time when your application reaches him, he may refuse your application. Because he is a Minister, and he can. If that happens, you may apply again.
All your base are belong to us

v emmy
Newbie
Posts: 33
Joined: Tue Nov 17, 2009 1:06 am

Post by v emmy » Sat Nov 28, 2009 8:25 pm

I did not ask if I am guaranteed to get Irish citizenship or guaranteed to be refused Irish citizenship based on illness benefit, as no one is guaranteed anything in this regard. There are certain situations, like points on driving licences, which can negatively affect one's chances of approval.

I believe if someone has experience regarding illness benefits and application for naturalisation, they can respond with certainty as to their experience. Or perhaps there is an article somewhere which clarifies what aspects of the Social Welfare system affect a person's chances for approval for naturalisation.

When I worded my question that way, I was hoping to avoid the "I don't think it should...." or the "I think it might" etc answers.

I am asking if anyone has had or is aware of actual experience in this regard and was refused on grounds of "too much" illness benefit (i.e. failing the "social welfare" hurdle) or had a lot of illness benefit and still received approval.

Neither reply guarantees anything for another person, as is the case with any question someone asks here.

walrusgumble
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Post by walrusgumble » Sat Nov 28, 2009 9:59 pm

v emmy wrote:I did not ask if I am guaranteed to get Irish citizenship or guaranteed to be refused Irish citizenship based on illness benefit, as no one is guaranteed anything in this regard. There are certain situations, like points on driving licences, which can negatively affect one's chances of approval.

I believe if someone has experience regarding illness benefits and application for naturalisation, they can respond with certainty as to their experience. Or perhaps there is an article somewhere which clarifies what aspects of the Social Welfare system affect a person's chances for approval for naturalisation.

When I worded my question that way, I was hoping to avoid the "I don't think it should...." or the "I think it might" etc answers.

I am asking if anyone has had or is aware of actual experience in this regard and was refused on grounds of "too much" illness benefit (i.e. failing the "social welfare" hurdle) or had a lot of illness benefit and still received approval.

Neither reply guarantees anything for another person, as is the case with any question someone asks here.
illness benefit would be permitted due to your employment rights! you, as you are aware, enjoy (or suppose to) enjoy the same employment rights and benefits as an irish employee. More than likely your PRSI contributions or your employers contributions would have covered your time out ill.

Its not as simple as the minister picking and choosing. it must be fair and proportionate. if you are worried speak to a solicitor and maybe sending submissions clearly stating why you were out ill and for how long and put plenty of evidence of employment in the application. you may be able to challenge such a refusal in court (thats a small maybe. it would defintiely be settled before it reaches a judge. state would not want to open floodgates/precedent)

i would imagine if the illness is a once off and employment record is good (if illness was work related it would be stronger) you should be ok. look for example, child benefit, everyone is entitled to it, that does not effect an application

things like the dole, rent allowance and other supplements may affect ones case if claimed during a three year period before the application.

v emmy
Newbie
Posts: 33
Joined: Tue Nov 17, 2009 1:06 am

Post by v emmy » Sat Nov 28, 2009 10:25 pm

Thank you, walrusgumble. Very helpful information. I appreciate it.

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