Chances of successful citizenship application

[bobbob007]

Hey I'm posting about a non-EEA friend, who is looking at applying for citizenship via naturalisation.

I'd appreciate a sanity check whether it is possible/likely that their application will be accepted.

Their background is this:

- 4.9 years on an EUFam Stamp 4 while married to EU national.

- While on the Stamp 4, he departed for 4 months, came back for 3, then departed again for 4 months, then returned, without notifying immigration

- EUFam4 revoked in early 2022 when spouse left country. Immigration threatened to refer to deportation department, only on the basis of losing the Stamp 4. No allegations etc.

- 1 year Stamp 1 given (thanks to a strong-worded letter from his solicitor)

- Spouse has returned to Ireland and is now an Irish citizen (but they are separated)

- For 3 years of residence, he lacks a tenancy agreement, and doesn't have the 150 points. Only has proof of rent payments going out of the account.

Based on his stamps, and by his reckoning, he's got sufficient reckonable residence to apply.

My queries:

- Does the Stamp 4 being revocation affect its contribution towards reckonable resident? The 4.9 years still count right?

- Will his leaving the state for a year/lack of 150 points for 3 years/the government threatening deportation greatly affect his chances of successful application (even with a good solicitor)?

Thank you for any advice.

[O'Ramires]

They mention there a limited chance a non-EEA to retain their visa.

Your friend has to have 5 years of residency in Ireland and a valid visa throughout the whole process.

[bobbob007]

Thank you for your reply

Could you clarify what you mean by a valid visa throughout? He appealed the stamp 4 revoking at every stage (though they did firmly state it was revoked and he no longer has permission) and was eventually granted a stamp 1. Are you saying this short period isn’t counted as reckonable, or that the the entire application is in jeopardy because of the revocation?

(Unfortunately none of the situations below apply to him:

“Category A - Your EEA national family member has died.
B. Category B - Your EEA national family member has died or departed the State and you
have custody of the children of the EEA national who are in education in the State.
C. Category C - Your marriage or civil partnership to the EEA national has legally ended in
divorce, annulment or dissolution.”)

[bobbob007]

I just found this from xxxxxxx website

“ If a residence permission is revoked, it is usually revoked from the time that the person stopped abiding by the conditions of the permission, for example the date that their Irish/EU national spouse left the State. It means that this period will also no longer count towards reckonable residency for citizenship application purposes.”

I’m not clear which period they’re referring to in “this period” but it kind of reads like the time that you did abide by the conditions still counts?

[O'Ramires]

It means that from the moment he applies to the moment he has his citizenship granted he has to have a valid visa.

The revoked stamp 4 still counts, but you have to find out when exactly it was revoked — it would probably be the same date his wife left the country. However, he shouldn't count the 4 + 4 months he was absent, and there's a chance the department of justice won't consider he was residing in the country for the 3 months he was back in the State.

He has to be eligible for the application the day he applies, not a month short, which in his case is 5 years (or 5 x 365 days) reckonable residence out of the last 9 years. He will also have to pay attention to the gap between his last visa and his current visa as he has to have a period of 365 continuous reckonable residence in the State immediately before the date of application.

[bobbob007]

Oh I see! He's on a Stamp 1 and he'll also have no problem getting sponsored by his employer if immigration are reluctant to renew his Stamp after its expiry.

Regarding the year with a large absence, he's going to write that off. Even with that, he's still got enough reckonable residence.


His greater concern is the past (not notifying immigration about the extended absence, having the Stamp 4 revoked, lack of 150 points etc)

He will also have to pay attention to the gap between his last visa and his current visa as he has to have a period of 365 continuous reckonable residence in the State immediately before the date of application.

Hmmm. Again, back to the period he got his stamp 4 revoked, contested it, then got a Stamp 1. Will they view that as discontinuous residence?

So many pitfalls!