Citizenship - residency requirement

delikins

Hi guys,

I have a quick question. I'm 21 and have been living in Ireland since I was 3, after we moved over from South Africa. I've only ever held a British passport. I would like to become an Irish citizen now.

I've read online that I have to have been resident in Ireland for 365 days consecutively before I apply. However, I've been on a J1 summer visa in California for the past 4 months. Does this mean that I cannot apply for my citizenship until September 2016?

Thanks for any help!

Fred Swanson

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hognef

Fred Swanson wrote: »

You will have to wait until you have 365 days continuous and provable residence clocked up. You may wait for next year.

There must be a definition available somewhere of exactly what is meant by 365 days continuous residence for this particular purpose, otherwise you wouldn't even be allowed a single day out of the country.

Dandelion6

I had a client recently who'd spent about that length of time out of the State in the past year due to a family emergency. We were able to show that there was always an intent to return, and citizenship was granted.

The Minister is also empowered to waive the residency requirement if you have "Irish associations" (ie Irish citizen family members) so if that's the case I'd say go for it. If not, there's still a possibility you'll get it but you'd be on safer ground waiting til September 2016.

3DataModem

A J1 has an "intent to return" built in so I'd say go for it

Icepick

you have to wait

Fred Swanson

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ElChe32

You are allowed 6 weeks out of the country per year. If you've been outside for 4 months on J1 I'm afraid you have to wait a year. Basically you reset your 'continuous residency clock'.

GerardKeating

ElChe32 wrote: »

You are allowed 6 weeks out of the country per year. If you've been outside for 4 months on J1 I'm afraid you have to wait a year. Basically you reset your 'continuous residency clock'.

A variation on this question,

Some one applying for Irish citizenship, based on marriage to Irish citizen, has the "three years" residency required, but during this period, was out of the country twice, each time a three month trip home. Obviously this has to be stated on the application form, but would it effect anything.

athtrasna

Looking at the post you quoted which clearly says six weeks out of the country yet you're asking for someone who has spent 12 weeks out of the country at a time...seems like you already have the answer.

ElChe32

GerardKeating wrote: »

A variation on this question,

Some one applying for Irish citizenship, based on marriage to Irish citizen, has the "three years" residency required, but during this period, was out of the country twice, each time a three month trip home. Obviously this has to be stated on the application form, but would it effect anything.

If the person is A) Married for 3 years In residence for a total of 3 years and C) Has 1 year continuous prior to application then the person is eligible. If the gaps aren't in the continuous year then they can be subtracted from reckonable residency calculation. Once you have an accumulated 3 years then you are fine. The 1 year continuous is the stickler from my experience in working in the field.

CiniO

So does continuous residence for 1 year before application, mean that person can not leave the State alltogether in that time, or are there any short trips abroad allowed (f.e. 2 weeks holidays or something)?

Or is it really absolutely strict, and if you travel to Belfast for few hours within last year, you are fecked?

ElChe32

6 weeks/42 days maximum outside of the state otherwise it breaks the continuous year.

INIS are very strict when it comes to the continuous year and 3 or 5 year reckonable residency. But no don't worry if you are taking trips up north, you'd be grand.

Obviously everyone is allowed a holiday, but most people would keep it to 2-3 weeks max. I know some migrants here come from across the globe and that going home for just 2 weeks is expensive but there's no budging when it comes to the 6 weeks.

Dandelion6

ElChe32 wrote: »

there's no budging when it comes to the 6 weeks.

Except when there is, as in the case I mentioned above.

ElChe32

Dandelion6 wrote: »

Except when there is, as in the case I mentioned above.

Sorry I meant in the case of being on holiday for more than 6 weeks. Yes people with family emergencies/health reasons are the exception. Once you supply medical certs/death certs etc.

Nukes

ElCH32 can you elaborate on your comment on not to worry if the 6 weeks is broken by going 'up north'.

GerardKeating

Nukes wrote: »

ElCH32 can you elaborate on your comment on not to worry if the 6 weeks is broken by going 'up north'.

While this is a bit of a zombie thread, residence in Northern Ireland is eligible with respect to citizenship applications.

Nukes

Sorry, I misunderstood.I thought you were 'advocating' being there over and above the six week rule and NOT being a resident of 'NI'. In this situation there is no monitoring of folk being out of the State beyond the 6 week rule?

Dandelion6

GerardKeating wrote: »

While this is a bit of a zombie thread, residence in Northern Ireland is eligible with respect to citizenship applications.

Only for marriage to an Irish citizen applications. Not for five-year residency applications.

Fred Swanson

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