Continuous Residence in Year Preceding?

[Thehungrysoldier]

Hi everyone, my husband has completed his required days of residency as the spouse of an Irish citizen, however in the last year he has left the country > 42 days. Even if he meets his days (+42+ additional days), can he still not apply until he’s at a point in time where he hasn’t left the country for more than 42 days in the year preceding?

I don’t understand the point of this rule if he’s overexceeded the amount of days he needs for reckonable residence. We are decent travellers and considering we can work from home for 4 weeks of the year and have 5 weeks annual leave, I don’t know if there will be a time in the near future when we don’t leave for 6 weeks in a year. Advice if anyone has applied exceeding 6 weeks in the year preceding?

[jesonnn]

Hello, it is explicitly said, prior to the application it shouldn't be over 6 weeks in an year of application for citizenship:"
Residence in the State
You must have lived in the State for a certain length of time. The specific requirements are that you:

Have a period of 365 days* (1 year) continuous reckonable residence in the State immediately before the date of your application for naturalisation"
You may do that in case of emergency, but you have to explain, if general holidays, I am afraid he needs to wait to save the application

https://www.citizensinformation.ie/en/m ... 0residence.

[mentalmind]

Hi everyone, my husband has completed his required days of residency as the spouse of an Irish citizen, however in the last year he has left the country > 42 days. Even if he meets his days (+42+ additional days), can he still not apply until he’s at a point in time where he hasn’t left the country for more than 42 days in the year preceding?

I don’t understand the point of this rule if he’s overexceeded the amount of days he needs for reckonable residence. We are decent travellers and considering we can work from home for 4 weeks of the year and have 5 weeks annual leave, I don’t know if there will be a time in the near future when we don’t leave for 6 weeks in a year. Advice if anyone has applied exceeding 6 weeks in the year preceding?

Continous residence rules states that you shouldn't have more than 6 weeks absence between your application date and 365 days prior. If you break the rule, your application will be denied, you will lose your application fee and have to reapply again. Just wait for the application date that you will have less than 6 weeks absence.

You being decent traveller, or your employer's offerings such as remote working and annual leave doesn't have any connection with the 6 weeks allowance. Ireland immigration law says that you can be away from Ireland 6 weeks per year without a problem. Longer absences than 6 weeks per year will cause those days to be not counted towards your residency and when you apply for naturalisation you will have to explain the reason of these absences which is longer than 6 weeks.

This is the immigration law of the country you are living in and interested of being citizen of. If you are not happy with these rules, you can leave the country for any duration you want and don't apply for citizenship.

Also, after your naturalization application you are required to inform ISD for your absences more than 6 weeks in total. And immigration department says this 6 weeks absence per year is a generous amount and more than enough.

[Thehungrysoldier]

First of all, I’m an Irish citizen. So telling me to leave if unhappy is quite a daft response to asking a valid question. Especially with people who’s parents/families live across the world and going away for 20-21 days a time is valid. I wanted to see if it was absolutely strict or whether there was leeway in the matter, so your passive aggressive comment is unnecessary. Nowhere did I say that I was not happy with anything.

[mentalmind]

I didn't suggest to leave country, I said if you want to travel and leave country freely you can still do so and just don't apply for citizenship.

You being/not being Irish citizen doesn't change my point. If someone is looking to apply for Irish citizenship thru naturalization the 6 weeks rule applies, they can either follow it and apply for naturalization else don't care about it and don't apply.

Ireland has plenty of weird rules for immigration, like re-entry visa or visa for minors, expensive immigration fees etc. 6 week rule is the least of the problems, as it doesn't make you ineligible for naturalization application (apart from continous residence rule) it just causes you to postpone it. Also unlike other EU countries, Ireland lets you have 5 years residence in past 9 years, which is quiet flexible.

Speaking of continous residence, till few years ago even leaving country for 1 day before applying for citizenship would make you ineligible to apply for naturalization, so 6 weeks rule is still a progress.

[mentalmind]

Especially with people who’s parents/families live across the world and going away for 20-21 days a time is valid. I wanted to see if it was absolutely strict or whether there was leeway in the matter, so your passive

6 week is 42 days, and this excludes the days you left and arrived to Ireland. So you are practically allowed to leave country for 1.5 month each year without an issue.

[O'Ramires]

Apparently, that's about to change, but don't ask me when:

Following court judgments on the continuous residence requirement, we are amending the continuous residence requirement to allow for total absences of up to 70 days from the State in the year preceding the citizenship application being made. Up to a further 30 days may also be allowed where necessitated by exceptional circumstances.

https://www.justice.ie/en/JELR/Pages/PR21000138

[mmsa]

Apparently, that's about to change, but don't ask me when:

Following court judgments on the continuous residence requirement, we are amending the continuous residence requirement to allow for total absences of up to 70 days from the State in the year preceding the citizenship application being made. Up to a further 30 days may also be allowed where necessitated by exceptional circumstances.

https://www.justice.ie/en/JELR/Pages/PR21000138

This is interesting! when does this become law and active? if this changes I assume the days allowed after application also reflects this.

[littlerr]

Apparently, that's about to change, but don't ask me when:

Following court judgments on the continuous residence requirement, we are amending the continuous residence requirement to allow for total absences of up to 70 days from the State in the year preceding the citizenship application being made. Up to a further 30 days may also be allowed where necessitated by exceptional circumstances.

https://www.justice.ie/en/JELR/Pages/PR21000138

This is interesting! when does this become law and active? if this changes I assume the days allowed after application also reflects this.

That is not a law (nor did INIS intend to have it enacted any time soon). It is merely one part of hundreds of potential changes that INIS laid out for Oireachtas to discuss last year. It was not discussed in the end.

[O'Ramires]

Apparently, that's about to change, but don't ask me when:

Following court judgments on the continuous residence requirement, we are amending the continuous residence requirement to allow for total absences of up to 70 days from the State in the year preceding the citizenship application being made. Up to a further 30 days may also be allowed where necessitated by exceptional circumstances.

https://www.justice.ie/en/JELR/Pages/PR21000138

This is interesting! when does this become law and active? if this changes I assume the days allowed after application also reflects this.

That is not a law (nor did INIS intend to have it enacted any time soon). It is merely one part of hundreds of potential changes that INIS laid out for Oireachtas to discuss last year. It was not discussed in the end.

Well, back in November The Department of Justice said it would “work closely with the Office of the Attorney General to progress the bill to ensure publication in the summer session”.