Naturalisation and social welfare payments

Rickytumtum

Apologies if asked before, but can claiming social welfare present problems when later applying for naturalisation? I’m asking in the context of a non-EU citizen who is entitled to apply for naturalisation through marriage to an Irish citizen, but wants to claim this new Covid 19 payment and job seekers as self employed work has vanished. All requirements in respect of naturalisation would have been met, but I’ve heard before that you can be rejected if claimed social welfare.

Not looking for legal advice, just guidance to where such a policy exists or discussion on experiences in this area. I had a browse through the citizenship acts and couldn’t see anything.

Rickytumtum

Sorry to bump, but does anyone have any insight?

Victor

There was a paragraph in a news article, probably on rte.ie yesterday, to the effect that Department of Employment Affairs and Social Protection wouldn't be sharing information with the Department of Justice and Equality.

However, do note that Justice / its agencies may have other ways of finding out, e.g. from you bank statements and that lying or including misleading information on your application may void it / be an offence.

I've looked for the article, but could not find it.

Victor

It wasn't RTÉ, it was Twitter https://twitter.com/MigrantRightsIr/status/1241070050796281859 - read the subsequent tweets also.

dennyk

That seems to be regarding undocumented immigrants; they're saying that undocumented residents don't need to worry about being reported as such if claiming emergency relief or seeking health care. For an application for citizenship via naturalisation, you must detail all social welfare payments you've received in the previous three years and provide the reasons for them. Receiving social welfare isn't necessarily automatically disqualifying, but it will be taken into account when considering your application, and people have been denied on the basis of claiming various social welfare benefits. Lying about it or failing to report payments you received is pretty likely to get you denied, though.

Carawaystick

I would imagine that a more lenient view of getting welfare payments during this period would be taken, but no idea how lenient.

Rickytumtum

dennyk wrote: »

That seems to be regarding undocumented immigrants; they're saying that undocumented residents don't need to worry about being reported as such if claiming emergency relief or seeking health care. For an application for citizenship via naturalisation, you must detail all social welfare payments you've received in the previous three years and provide the reasons for them. Receiving social welfare isn't necessarily automatically disqualifying, but it will be taken into account when considering your application, and people have been denied on the basis of claiming various social welfare benefits. Lying about it or failing to report payments you received is pretty likely to get you denied, though.

Is providing details of social welfare claimed a requirement when applying on the basis of marriage though? We would have no issue being upfront. My wife would have claimed maternity benefit anyway, so we’re already in that position. I’m just wondering what the legal basis for requesting social welfare claim details. I’m assuming it’s policy/guidelines only. Again, it’s not a criteria for citizenship under the Act, so I can’t imagine citizenship being refused because someone living here for years has claimed jobseekers, but then again, the department and their decisions are a mystery to me.

glen123

Rickytumtum wrote: »

Apologies if asked before, but can claiming social welfare present problems when later applying for naturalisation? I’m asking in the context of a non-EU citizen who is entitled to apply for naturalisation through marriage to an Irish citizen, but wants to claim this new Covid 19 payment and job seekers as self employed work has vanished. All requirements in respect of naturalisation would have been met, but I’ve heard before that you can be rejected if claimed social welfare.

Not looking for legal advice, just guidance to where such a policy exists or discussion on experiences in this area. I had a browse through the citizenship acts and couldn’t see anything.

I wouldn't worry about it.

They sometimes reject when people are claiming social welfare for years with no real history of working. Some time ago I helped a lady who was married to a naturalised Irish citizen with her application a few years ago. She came here on a work permit, worked for 3-4 years, then recession hit and she lost her job. Her husband got naturalised first as he had come to Ireland earlier so when she applied she was still unemployed. When they asked for up to date payslips, we drafted a letter explaining that she was still unemployed as she lost her job during recession and that she was still in a process of trying to find another job and her application was approved a month later. I am sure they looked at her and her husband's overall employment history when masking a decision.

Regarding maternity benefit, that doesn't really count as access to social welfare (when it comes to naturalisation application) as this is a different type of payment. When I applied for my naturalisation and my case was being processed, I was on maternity leave receiving maternity benefit. There wasn't even a q from INIS regarding my maternity benefit claim etc.

Sonrisa

Hiya I would agree with glen123. Unfortunately we will never get a straight answer on this from the DoJ but if the only time you've ever been on social welfare is during an international pandemic, it would be really unreasonable to refuse your citizenship on that basis.

Rickytumtum

Much appreciated all.