out of Ireland for few month

[hohbfa]

Is anyone know how long you can be away from the ireland to maintain your citizenship application.

I heard if you are away from Ireland for 3 month continously then your all old duration in Ireland will not be considered for your citizenship?

Is there any policy, if yes where can I find from inis web site.

Thanks

[knapps]

there is no policy...however if u plan to you must tell them in advance

[acme4242]

no such policy, its not true.


Please use Naturalisation Residency Calculator
http://www.inis.gov.ie/en/INIS/Pages/Na ... Calculator


the rules are as follows
http://www.citizensinformation.ie/en/mo ... ation.html

Normal Naturalisation
Have had a period of 365 days* (1 year) continuous reckonable residence in the State immediately before the date of your application for naturalisation and, during the 8 years preceding that, have had a total reckonable residence in the State amounting to 1,460 days* (4 years). Altogether you must have 5 years (5 x 365 days*) reckonable residence out of the last 9 years

Naturalisation as spouse or civil partner of an Irish citizen
You must have had a period of 1 year's continuous reckonable residence - in the island of Ireland immediately before the date of your application
You must have been living on the island of Ireland for at least 2 of the 4 years before that year of continuous residence

[walrusgumble]

If department notice exit stamps on your passport for 3-4 minute, they are going to question your compliance with continuous residence. you need to try and refrain from being out of the country for more than 3 months in any giving year before sending the application.

[acme4242]

If department notice exit stamps on your passport for 3-4 minute, they are going to question your compliance with continuous residence. you need to try and refrain from being out of the country for more than 3 months in any giving year before sending the application.

The law says, the only requirement for continuous residence is in the last year.
Its very clear, are the Dept in compliance with the written law ?

[walrusgumble]

If department notice exit stamps on your passport for 3-4 minute, they are going to question your compliance with continuous residence. you need to try and refrain from being out of the country for more than 3 months in any giving year before sending the application.

The law says, the only requirement for continuous residence is in the last year.
Its very clear, are the Dept in compliance with the written law ?

That is correct, the last year.

Section 15 (C)
(c) has had a period of one year’s continuous residence in the State immediately before the date of the application and, during the eight years immediately preceding that period has had a total residence in the State amounting to four years;

However, for the other 4 years out of 8, you would need to be ordinarily residing (legally) in Ireland and be in the State for most of 12 months each year. Yes, an immigrant can be out of the country. The reality is many, due to the distance of where they are from, will take 1-2 months off during their holiday leave.

In practice, how many people can truely say that they were in Ireland, legally, for 8 years, and only applied for citizenship after meeting the 5 year requirement, 3 years after meeting such requirement? Very few as many will apply immediately after meeting the 5 years. That is the point I am getting at, in practice.

No body would advise a Citizenship candidate to be out of the country for more than 3 months of each year. You would need a very good excuse such as work related travel or deaths of family. You can not say that you have lived in the country for all of that time. That is why they seek for proof of residence in the country for those periods. If you were out of the country for such a long time, its unlikely that you would be getting paid for such a long time. That is why they insist on Revenue documents like P60 For each year. Looking at the salary would give you an idea. It assists the department to form the view as to whether or not the candidate will intend to live in Ireland in the future (a condition of getting citizenship)

As in the case of Mishra 1994 (relax, court overruled the Department's decision) the department are paranoid, and rightly so, in light of some cases that they uncovered, that some immigrants, despite getting permission to be in Ireland don't really live in Ireland (It's Ireland's responsibility if they get into trouble abroad)


If the department realized, from looking at a passport and the stamps therein, and noted that there was far too much travelling in and out of a country in a given year, on a continuous basis, the department will ask questions and may refuse. The courts will be able to do sweet feck all. The applicant would have to re-apply once they get a better period of 4 years of actual residence.

If you are aware of Mishra, what happened there was the Minister failed to consider, personally Mishra's case and applied a blanket refusal, Which was wrong

The law, by the way, is that the grant of citizenship is discretionary

Bottom line, yes a person can be out of the country for a time, but should not make a habit of it. They don't want to loose their current residency which would scupper their ability later to make a citizenship application.

It is the practical basis that I am referring to. Ie an immigrant will apply for citizenship immediately after reaching the 5 year mark. They may have only got legal residency just over 5 years. If they were out of the country for 6 months in a given year during that period and documents prove it, there might be issues. The department would be fully entitled to return the application and advice that they re-apply after eg 6 months. (Can't use the 8 year rule there, can they ?)

http://www.immigrationboards.com/postin ... t&p=568613

[nightowl]

Thanks for the comprehensive reply walrusgrumble!

Just two follow-up questions:

1) How do they calculate exactly how much time you spend outside Ireland since there are no exit stamps given in Dublin airport, only entry stamps? Do they have a system of information they receive from airlines?

2) I'm Irish, and my husband needs visas for UK, Schengen USA etc. As he is currently doing his PhD, he needs to travel abroad to attend academic conferences and since he has the free time, we travel abroad to visit friends and family - we won't have that freedom when he has a 'normal job'. At the rate we're going that will translate into around 2 passports full of stamps and visas. Do we get any opportunity to explain this? Are they likely at all to be human and understanding?

3) Are they more likely to be understanding for an application that is the spouse of an Irish national? My husband clearly has a strong link to Ireland :)

[walrusgumble]

Thanks for the comprehensive reply walrusgrumble!

Just two follow-up questions:

1) How do they calculate exactly how much time you spend outside Ireland since there are no exit stamps given in Dublin airport, only entry stamps? Do they have a system of information they receive from airlines?

2) I'm Irish, and my husband needs visas for UK, Schengen USA etc. As he is currently doing his PhD, he needs to travel abroad to attend academic conferences and since he has the free time, we travel abroad to visit friends and family - we won't have that freedom when he has a 'normal job'. At the rate we're going that will translate into around 2 passports full of stamps and visas. Do we get any opportunity to explain this? Are they likely at all to be human and understanding?

3) Are they more likely to be understanding for an application that is the spouse of an Irish national? My husband clearly has a strong link to Ireland

1. Whatever period of "registered residency" the GNIB have on their records. You probably could write to the GNIB to seek a letter of residency. That is what the department looks at. If there are stamps on the passport, they will look at that too.

REgarding the stamp entries, all they need to do is look at the entry visa from Ireland and Entry visa/exit visa from the other country, to figure out the likely destination.

No, they do not look at the Airline Data, that would be illegal.


2. REgarding the need to travel abroad, well, at least he has a very good excuse and as you are with him, at least you will have no problem proving that their is good faith in staying thereafter. I would suggest, depending on the travel frequency, he should retain his flight details and evidence of why he went to where he went.

He may not need to utter a thing here, depends on the length of time away. Anything over 2 1/2 months -3 months, you should seek brief advice from a lawyer. It won't hurt though.

If there are issues with it, just tell them, with all the documentary evidences. Ireland is/was your (and husband's) ordinary residence? Put the issues to them first, no point waiting after refusal.

3. The explanation that you have given is fine. Moreover, alot of the travelling is done together.