Reckonable Residence for Naturaliz. & LTR-not the sa

[mendo]

Hi All,

I've learned the hard way the difference in calculating the "Reckonable Residency" for the two application processes.

All depends on the stamps you have in the passport, be careful to send them the best xerox copy you can make of your passport and work permits.


For Naturalization:

The period is calculated in months (60 months), on any stamp you have in the passport from a immigration official (in the airport or GNIB, even under a visitor visa, but not a student visa).
Every month counts as full month, even if you have only few days in that month, covered by the stamp.
You need 48 months in the last eight years (non continuous) and another last 12 months continuous. In total 60 months with the last 12 months continuous.
The last 12 months are calculated backwards from the date (from the month) they've aknowleged the application (they will count the months, again not the days).
Few days missing from a month doesn't equal to a month missing.
What it means is that, a few days missing in a month will still add the full month to your reckonable residence no problem, but the missing days will brake your continuous residence.
It is important that in the last year, not to have a break in residence, you need 12 months continuous residence with no gap between one stamp and the another (the second stamp for example has to begin exactly when the last one stopped)

The naturalization service are the "fastest" to come back to you with an answer or request.
It only takes aprox. 1 month (from the time you've sent the application) to them to acknowledge that they received your application and that the application is correct or not.
If the application is not completed correctly they will send you the application back (usually is because the solicitor signature is not done correctly , or tippex is used on the form to cover mistakes or not dated or fields left empty - mark the empty fields with N.A. don't leave them empty).
It will take them two months to return your application if you don't have the 60 months or the 12 months continuous, or if they can't read the dates on the stamps from your passport (or passports, if one passport expired and you've got a new one).

For LTR (Long Term Residency):

They are counting the days (not the months) on the stamps covered by a work permit (WP) or a working visa (WV), 1825 days in total, nothing less, not even one day (365 days x 5 years = 1825 days).
Any other stamp that is not covered by the WP or WV doesn't count.
No need for 12 months continuous residence in the last year, you can have gaps in the residency as long as you have 1825 days covered by stamps under WP or WV.

Good luck with your application.

Mendo
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[mendo]

I've mentioned that I've learned this the hard way.

Well, it was for my wife, she is non-EU and very unlucky regarding the work permit and the residency & naturalization process. She also worked for 5 years on minimum wage.

I was lucky, I've been here since Aug. 2000, on six work permits, on good money and working for a big company.

I've got the LTR in Aug. 2005, only after 7 days after I've sent the letter.

The same day (Aug. 2005) I've sent the application (form 8 ) for naturalization.
I've only got two letters from them, only to aknowledge my application and I hope to get my citizenship early 2008.

I was non-EU until recently (Dec. 2006) and now I'am EU since Jan. 2007.

(I'll continue with the story ...)
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[mendo]

My wife had 11 days missing for LTR and after 8 1/2 months she got rejected in Nov 2006 (application sent in May 2006).

She only had 1814 days recognized ( it happened because her work permit was always late for renewal and there were always days missing by the time she could go and stamp her passport, not having her WP yet).

To make the matters worst, her employer did't make her a full, one year sixth WP in 2006, because she was pregnant by the end of the sixth WP and the employer said that they will ask for a 6 months WP only and they will renew the WP, only if she comes back from maternity leave to work for them again.

The immigration dept. aknowleged that she was entitled for the maternity leave period and to have that period covered by a WP, but they could not back date that.
They said the she will get two months to compensate the 11 days missing but she will have to reapply again in Dec 2006.
She did reapply in Dec 2006 but her application is treated as a new one and guess ... it will take at least a year and a half by the time she will get an answer.

I forgot to mention that we got married in Febr. 2006 in Ireland and we have an irish born son, born in Jul 2006.

In the mean time I became a EU citizen (in Jan 2007) and yes we were not resident in another EU country before Ireland and because of this, I didn't apply for LTR based on the EU Directive (form EU1).
We were also afraid to send all our oringinal documents to a department that doesn't give any guarantee that will sent them back.

To make the matters worst, she applied in May 2006 for naturalization but she got the letter back because the solicitor signature was wrong.
After this I've heard rumours that they are counting the days and not the months and I didn't resubmit the application in 2006, thinking that she doesn't have enough days residence for naturalization.
I've been waiting for Jan 2007, for her to have enough days as legal rezident and I've applyed for naturalization again and the application was accepted (no problems with the signature any more).
But after few months she got refussed due to the fact that yes she was resident legally for 5 years, but this time she didn't have 12 months continuous rezidence in the last 12 months (two months missing between the time her last WP expired in August 2006 and November 2006 when she got the two months to compensate for her maternity leave. But it was too late for her naturalization -by now she didn't have continnuous residence anymore in 2006 - and she got refused).

The good thing is that, few days missing in a month will still add the full month to your reckonable residence no problem for naturalization, but you will lose those days for LTR.

Adio naturalization for her this time.

This is my wife's story in Ireland.

Mendo
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[cartaverde]

Wow.
Hi Mendo and welcome to the boat.
Your story is amazing as well - maybe someone of us should write a book about all these migration stories in Ireland. Would be a big book ...

[mel7]

thanks for the info mendo