Refused for Naturalisation?

Changel

Hi guys,

I just want to ask for ideas of what I can do to fight in order to obtain naturalisation.

I already applied for naturilsation last year and received a letter from them last month saying that I do not meet the requirement as I do not have 1 year continuos residency prior to the application. This is because I have a 27-day gap between 2 of my GNIB stamps in 2010. However, I did not go out of the country during those 27 days of 'illegal' residence. Is it even called illegal residence when I was depedent to my father who was legally residing in the State? Anyway, the reason I renewed my stamp late was because I was busy with college and my mind have forgotten about it.

I just feel that it is quite unfair. I have been reisiding here for 9 years now (half of my life) and I want to obtain equal rights and opportunities as would an Irish citizen.

If there are other information you would like to know in order to help me, just let me know.

Thanks.

RangeR

I would talk to my locals TD's

ResearchWill

Changel wrote: »

Hi guys,

I just want to ask for ideas of what I can do to fight in order to obtain naturalisation.

I already applied for naturilsation last year and received a letter from them last month saying that I do not meet the requirement as I do not have 1 year continuos residency prior to the application. This is because I have a 27-day gap between 2 of my GNIB stamps in 2010. However, I did not go out of the country during those 27 days of 'illegal' residence. Is it even called illegal residence when I was depedent to my father who was legally residing in the State? Anyway, the reason I renewed my stamp late was because I was busy with college and my mind have forgotten about it.

I just feel that it is quite unfair. I have been reisiding here for 9 years now (half of my life) and I want to obtain equal rights and opportunities as would an Irish citizen.

If there are other information you would like to know in order to help me, just let me know.

Thanks.

Have you got the 1 year now, if so reapply. New applications are taking no more than 6 months. I would advice talking to a good solicitor in the area. The issue you have is that the Act requires a full year of residence before the application. Such can only be shown by the relevant stamps in passport.

Changel

ResearchWill wrote: »

Have you got the 1 year now, if so reapply. New applications are taking no more than 6 months. I would advice talking to a good solicitor in the area. The issue you have is that the Act requires a full year of residence before the application. Such can only be shown by the relevant stamps in passport.

Actually, I just recently renewed my GNIB on december 2011 with a 1-month delay; again. So, I can only reapply on december 2012. I have some personal plans this year that requires for me to be naturalised, so I don't really want to go to that route. Thank you for the advice though, I will talk to a solicitor or local TDs about this.

Our man in Havana

Why have you delayed each time?

Changel

Our man in Havana wrote: »

Why have you delayed each time?

The last time was because I was so busy with college that I forgot about it. But this time round I procrastinated a lot. It was entirely my fault, but I really thought my application was going smoothly then.

blueythebear

Changel wrote: »

The last time was because I was so busy with college that I forgot about it. But this time round I procrastinated a lot. It was entirely my fault, but I really thought my application was going smoothly then.

If you do not comply with the requirements of the Citizenship Acts then you cannot be granted Citizenship. If you do not have a years continuous reckonable residence as evidenced by stamps in your passport then you do not meet the requirements.

It should be remembered that just because you meet with the reckonable residence requirements, does not guarantee you will get Citizenship. You have no absolute right to Irish Citizenship. You could live in Ireland for 40 years and the Minister can still legitimately refuse you Citizenship without any recourse.

You will have to wait until you have the time or else request that the Minister exercise his discretion under S15A 2) of the Irish Nationality and Citizenship Acts 1956-2004. This is difficult and you would probably require a solicitor and preferably, a TD to get personally interested.

charlemont

In fairness if you're here nine years you should be really allowed stay but yea somebody already mentioned to contact a TD so follow that advice.

amdublin

charlemont wrote: »

In fairness if you're here nine years you should be really allowed stay but yea somebody already mentioned to contact a TD so follow that advice.

Yeah but there is a process to be followed.

Wisco

Old applications are still taking ages to process and on INIS website it states that part of the delay is due to people who do not meet the requirements fully applying anyway. So get your stuff in order before you apply- citizenship is a privilege not a right. It doesn't sound like you have a valid complaint given that the missing stamps are due to your procrastination, not some problem on the garda side.

Changel

I have a question. In the Citizenship Act, they mention of Irish Association; someone who is related by blood, affinity or adoption to a person who is an Irish citizen or entitled to be an Irish citizen.

Does the Irish citizen mentioned mean someone who was born an Irish or does it also include someone who was naturalised an Irish citizen?

BornToKill

Changel wrote: »

I just want to ask for ideas of what I can do to fight in order to obtain naturalisation.

Prioritise?

Marcusm

Changel wrote: »

I have a question. In the Citizenship Act, they mention of Irish Association; someone who is related by blood, affinity or adoption to a person who is an Irish citizen or entitled to be an Irish citizen.

Does the Irish citizen mentioned mean someone who was born an Irish or does it also include someone who was naturalised an Irish citizen?

It means an Irish citizen which means that absent any further restrictions it is all persons of that class.

Bluefoam

My suggestion is that when dealing with a matter as important as naturalisation, that you should show your commitment and eagerness by meeting the criteria. It's not good enough to say that you were just too busy. This is an important matter and the rules are there for a reason.

cmos_ajay

Hello,
I spoke with a solicitor (who deals with immigration) in Dublin . The solicitor says that as of now the citizenship applications still take 2 years to process. But after March 2012, the processing will become faster and will take 6 months. However there is no guarantee of this. Should I believe what Mr. Alan Shatter has promised ?? Has anyone got his citizenship in 6 months recently ?? Thanks.

Dandelion6

Last I saw, Shatter was promising a six-month waiting list by June 2012.

There are still people with applications outstanding from 2007-2009. It's unbelievable.

stringy

you have admitted here that you are, yourself, at fault for delaying, not once, but twice, I think you only have yourself to blame at this stage. If you really wanted to sort it out, perhaps you should have made it a priority and having failed the first time, made sure you did it correctly the second time.

My advice, get it right the third time, in December 2012.

As for talking to solicitors or TDs:

1. Don't waste your money talking to a solicitor if it was your fault that you weren't successful.

2. Don't waste a TD's time if it was your fault that you weren't successful.

Sorry to sound harsh, but this is the reality of the matter. Good luck with your next try

houssa

hi all i was reading about this gaps between stamps issues i think i have same problem but i bet different. im planing to apply for citizenship this month but i have this problem with 12 days gap in this year. as i live in country side there is no immegration office that opens every day like dublin, only twice a month as i went on exact date to renew my visa i was told that immigration officer was on holiday and i waited another week for her, when i told her that im planing to apply this year she told me that i have 12 days gap and may be a problem for me and i did explain to her that i was here but she was on holiday she told me that she fixed it and she wrot me the correct date which is correct. but the stamps are different. the stamps are 14 july 2012 to 20 of june 2013 which is shows gap. she did stamp the date i went to collect my gnb card not the date i went to register took tow weeks to receive text to come and collect my gnb card, when i asked her about the gap she told me she did fix it on computer but in my passport its shows a gap im thinking to go and and ask her if she can give a me a letter to prove it with my application my question is will i have in chance or not? plz any one have any idea to answer me big thx

badr

Guy I know this an old post. Just want to check smthing. I have kind of same situation. I will close 5 yrs November this year but just realising that I have 17 days gab when I got a temporary stamp. I got in beginning 1yr then another yr them temporary then 5 yrs . So am I falling in the same boat or safe to apply. Plz help me

Pro Hoc Vice

badr wrote: »

Guy I know this an old post. Just want to check smthing. I have kind of same situation. I will close 5 yrs November this year but just realising that I have 17 days gab when I got a temporary stamp. I got in beginning 1yr then another yr them temporary then 5 yrs . So am I falling in the same boat or safe to apply. Plz help me

Do you have permission letters covering the missing time?

badr

Pro Hoc Vice wrote: »

Do you have permission letters covering the missing time?

Hi...no,the only two letters I have is one allowing me to get the temporary stam and the other one they requested residency evidence and none of them covers this period. Was thinking to comeback to the local immigration officer and check that with him maybe he keeps record.
Was checking in different forum and was told and it's simple enough. It's just the matter that I have to wait extra 15 days then apply and the person who advised me said that had a gap of 80 days and had to wait 80 days then apply and got it approved. But to me according to what does it say it doesn't make sense because they want 5 consecutive full years with no gap
Any help appreciated

Pro Hoc Vice

badr wrote: »

Hi...no,the only two letters I have is one allowing me to get the temporary stam and the other one they requested residency evidence and none of them covers this period. Was thinking to comeback to the local immigration officer and check that with him maybe he keeps record.
Was checking in different forum and was told and it's simple enough. It's just the matter that I have to wait extra 15 days then apply and the person who advised me said that had a gap of 80 days and had to wait 80 days then apply and got it approved. But to me according to what does it say it doesn't make sense because they want 5 consecutive full years with no gap
Any help appreciated

You only require the last 12 months to be unbroken.

badr

Pro Hoc Vice wrote: »

You only require the last 12 months to be unbroken.

After firs registration nov 2009 I have got 2 full years and 6 months with no gap then a gap of 15 days then got stamped for 5 years till dec 2016
So when I will be eligible to apply

Pro Hoc Vice

badr wrote: »

After firs registration nov 2009 I have got 2 full years and 6 months with no gap then a gap of 15 days then got stamped for 5 years till dec 2016
So when I will be eligible to apply

What stamp or stamps have you got. Once you have the correct stamp you need 12 months uninterrupted up to date of application with a further 4 years in the previous 8 years.

Say you had November 1st 2009 to October 31st 2011 then say the next permission is 15th December 2011 to 14th December 2016. So you have 2 years in first permission, you then need 3 years from start date in December 2011 so December 2012 1 more year December 2013 2 more so total of 4 and final year by my calculation December 2014. Unless you are married to irish citizen or Refugee.

badr

The first 2 stamps was 4eufam valid for a year then temporary stamp4 then 5 yrs stamp 4eufam

Pro Hoc Vice

badr wrote: »

The first 2 stamps was 4eufam valid for a year then temporary stamp4 then 5 yrs stamp 4eufam

It's simple you need 5 years in total with 12 months at the end uninterrupted.

badr

Pro Hoc Vice wrote: »

It's simple you need 5 years in total with 12 months at the end uninterrupted.

Sorry for getting it wrong as I thought I need 5 years consecutive with no gap and thx for your help

conorh91

Dandelion6 wrote: »

Last I saw, Shatter was promising a six-month waiting list by June 2012.

There are still people with applications outstanding from 2007-2009. It's unbelievable.

If there are people waiting that long, there has been an issue with their application or their documents which is ongoing, or has only recently been resolved.

For most people these days, it is only taking about 6 months.

Pro Hoc Vice

conorh91 wrote: »

If there are people waiting that long, there has been an issue with their application or their documents which is ongoing, or has only recently been resolved.

For most people these days, it is only taking about 6 months.

You did notice the date of the post you responded to.

Maximilian

Please read the charter. No legal advice.