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Citizenship - Time allowed out of the State

  • 30-08-2017 1:12pm
    #1
    Registered Users, Registered Users 2 Posts: 22


    I live in England and intend to move and retire to the State in November with a view to gaining citizenship by association in the following few years. I read that one is allowed 6 or it could be 7 weeks out of the State in any one year, no questions asked. Does anyone have any info/experience of being out of the country for longer and its implication. When I move over I will still have family in Yorkshire but more significantly I do a lot of travelling overseas running. The two factors combined could have an impact on the 6/7 week limit. I have written to Inis and the Minister for Justice for some clarity, well that's another story, enough said.

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Comments

  • Registered Users, Registered Users 2 Posts: 10,900 ✭✭✭✭Riskymove


    For tax purposes:
    Your residence for tax purposes depends on the number of days that you are present in Ireland during a tax year (A tax year means the period from 1 January to 31 December).

    You are resident for tax purposes for a year if:

    You spend 183 days or more in Ireland in that year from 1 January – 31 December or,

    If you spend 280 days or more in Ireland over a period of two consecutive tax years, you will be regarded as resident for the second tax year. For example, if you spend 140 days here in Year 1 and 150 days here in Year 2, you will be resident in Ireland for Year 2.

    For tax years up to 2008, each day you are present at midnight counts as one day in the calculation of residency for tax purposes. From tax year 2009 onwards, the midnight rule no longer applies, and you are treated as being present in the State, if you are present in the State at any time during that day.

    for naturalisation
    To apply for citizenship by naturalisation based on residence, you must prove that you have been resident in the State for at least 5 years (1,825 or 1,826 days) out of the last 9 years

    This includes 1 year (365 or 366 days) of continuous residence immediately before the date you apply.


  • Registered Users, Registered Users 2 Posts: 22 Nukes


    Thanks Riskymove. My departure is very near but I am still a bit confused about a few things or is that remiss?
    I cannot locate where I can get Citizenship by association or descent after THREE years (at the discretion of the minister), have I dreamed this up?
    Secondly I understand the 5 year rule but with the last year being continuous.  I have read on boards that folk are allowed out in that last 'continuous year' to holiday and short term visits. I have read that this can be between six weeks and 183 days! Is there a clear 'legal' reference point for a precise number?
    I have read that folk need this stamp and that stamp in their passports. As a 'UK' citizen, there is no requirement to have stamps (1-4) in passports at point of entry. So do I need to initiate this process? The gardai have said I do not need to report to a station to initiate the start of one's residence.


  • Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    You are confusing Domicile and citizenship.

    If you are a citizen you stay a citizen.

    If you are applying or trying to meet the requirements for naturalisation then you must remain in the state with the exception of short holidays.


  • Registered Users, Registered Users 2 Posts: 22 Nukes


    Indeed. What is the definition of short holidays. There is a plural there for holidays. What would be an acceptable cumulative number of days in 365/6 days? There must be 'guidance' to help folk avoid failing to meet the 'continuous year' residence.


  • Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    Its been posted above already.


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  • Registered Users, Registered Users 2 Posts: 22 Nukes


    I thought the above referred to the tax situation. Could you please direct me to the specific quote ie. the number of days which equates to 'short term' holidays/absence?


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