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18 month habitual residence rule for IEC?

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    #32
    DazzlerIE
    Registered Users Posts: 667 ✭✭✭DazzlerIE


    TBH, unless I'd been in Canada the whole time, there's no reason why I'd tell them I was over 18 months


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    #33
    hellothere1
    Registered Users Posts: 88 ✭✭hellothere1


    retalivity wrote: »
    yeah way over it. 25 months away when i applied, almost 27 now

    Retalivity, just wondering if you had spent all that time in Canada or were you in another country before yuo came to Canada?


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    #34
    hellothere1
    Registered Users Posts: 88 ✭✭hellothere1


    Schmilsson wrote: »
    Has anyone applied for a second IEC visa and lied about their habitual residency on their second application and gotten away with it? I'm curious if they cross check the applications. My first application stated that I had been out of Ireland 16 months and that's gone up to 24 now. Also, is your C.V. the only proof you need? They use the words 'misrepresentation' and 'fraud' on the website and mention a possible 2 year ban and a permanent record of your transgression which might rule someone out for a further visa down the line. Would it be better to tell the truth and hope for the best, or straight up lie and prepare for the worst? Any thoughts would be welcome.

    They keep all applications, have you been in Canada all that time or another country?
    I don't know for sure, but I did have a friend who was trying the LMO option for months and she reckoned they were cross-checking her previous applications (same office that deals with them).


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    #35
    retalivity
    Registered Users Posts: 14,298 ✭✭✭✭retalivity


    hellothere1 wrote: »
    Retalivity, just wondering if you had spent all that time in Canada or were you in another country before yuo came to Canada?

    no....12 months in korea, 12-13 months in canada


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    #36
    FreeAnd..
    Closed Accounts Posts: 1,150 ✭✭✭FreeAnd..


    as bad as the 18th rule thing is - I'm so glad they only brought it in this year...I was out of Ireland - temporarily :) for almost 36 Months of the 3 years previous...so still thankful that I'm here now...even if I cant get another year right off the bat...


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    #37
    another_one
    Registered Users Posts: 13 ✭another_one


    hey guys I have a question for ye any advice would be appreciated!!

    I have been out of the country for the past 12 months (Feb 2011 to Feb 2012) on the J1 USA 12 months work and travel.

    If I get the Canada 1 year visa I will be out of the country for another 12 months bringing my total amount of months out of the country in the last 3 years to 24.

    Does this mean that I would be unable to get a 2nd year visa when I am over in Canada? If so is there any way around this??

    Thanks


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    #38
    JohnMearsheimer
    Closed Accounts Posts: 2,302 ✭✭✭JohnMearsheimer


    another_one wrote: »
    hey guys I have a question for ye any advice would be appreciated!!

    I have been out of the country for the past 12 months (Feb 2011 to Feb 2012) on the J1 USA 12 months work and travel.

    If I get the Canada 1 year visa I will be out of the country for another 12 months bringing my total amount of months out of the country in the last 3 years to 24.

    Does this mean that I would be unable to get a 2nd year visa when I am over in Canada? If so is there any way around this??

    Thanks

    Ya, you would only qualify for one at the moment. It doesn't seem that you need to live in Ireland for 18 consecutive months so if you come home for 7/8 months before you go to Canada it should bring you down to 16/17 months out of Ireland in the last 3 years by the time you apply for your second visa....this is all in theory though.


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    #39
    Schmilsson
    Closed Accounts Posts: 7 ✭Schmilsson


    hellothere1 wrote: »
    They keep all applications, have you been in Canada all that time or another country?
    I don't know for sure, but I did have a friend who was trying the LMO option for months and she reckoned they were cross-checking her previous applications (same office that deals with them).

    No, I've been in Canada less than a year. I was traveling in different countries before that. Last year I understood the rule to mean that you had to be a resident of Ireland for the past 3 years, or in other words that you were ineligible if you were a resident of another country (Oz, USA, Canada etc.) for longer than eighteen months. Since I wasn't a resident of another country, and never stayed more than a little while anywhere, I thought I'd be okay. But, no.


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    #40
    another_one
    Registered Users Posts: 13 ✭another_one


    So does all this mean if you are over living in Canada on your first year visa they will deny you your second visa because living in Canada itself has taken you over the 18 months limit?

    It seems very unfair doesent it? Like I can understand that they want to stop globetrotters from applying but if you are already in Canada after being allowed in surely the 18 months rule should cease to exist?


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    #41
    JohnMearsheimer
    Closed Accounts Posts: 2,302 ✭✭✭JohnMearsheimer


    another_one wrote: »
    So does all this mean if you are over living in Canada on your first year visa they will deny you your second visa because living in Canada itself has taken you over the 18 months limit?

    It seems very unfair doesent it? Like I can understand that they want to stop globetrotters from applying but if you are already in Canada after being allowed in surely the 18 months rule should cease to exist?

    Yep, they include time spent in Canada. It catches everyone that has spent time outside Ireland in the last 3 years. It's annoying, I spent 2 years in the UK, mostly as a student, before I went to Canada and it wasn't a problem. Now the residency rule is stopping me from applying to go back. I don't become eligible to apply again for another 6 months.


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    #42
    Schmilsson
    Closed Accounts Posts: 7 ✭Schmilsson


    another_one wrote: »
    So does all this mean if you are over living in Canada on your first year visa they will deny you your second visa because living in Canada itself has taken you over the 18 months limit?

    It seems very unfair doesent it? Like I can understand that they want to stop globetrotters from applying but if you are already in Canada after being allowed in surely the 18 months rule should cease to exist?

    The IEC visa only allows you to stay for 12 months before you have to reapply for a second year or transfer to a different type of visa. You cannot be over the 18 month limit on your first IEC visa unless you have spent a further 6 months + outside Ireland before coming to Canada (assuming you spend the full 12 months in Canada once you arrive). I can't understand why they don't want globetrotters. It used not matter to them as far as I know. As long as you are an Irish citizen and have no ongoing claims to residency or citizenship in another country that would complicate your application, then it seems daft to me that you could have spent the last 20 - 30 years living in Ireland but because you left the country for 18 months you no longer qualify!


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    #43
    another_one
    Registered Users Posts: 13 ✭another_one


    Absolutely its daft.

    The thing that is worrying me is possible trouble getting my second year visa once I am over there after going to all the trouble of getting set up with a job and everything.

    That happened me in the USA and I certainly dont want it to happen again.

    Does anyone know how I could get official clarification on this?

    I am sure other people must be in the same boat as me considering we all have to move around the world nowadays to find work!!?


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    #44
    retalivity
    Registered Users Posts: 14,298 ✭✭✭✭retalivity


    another_one wrote: »
    So does all this mean if you are over living in Canada on your first year visa they will deny you your second visa because living in Canada itself has taken you over the 18 months limit?

    This is what happened to me. Pretty sh1tty.


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    #45
    another_one
    Registered Users Posts: 13 ✭another_one


    Can you apply again once you arrive over?

    Or can you only apply once every year?


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    #46
    retalivity
    Registered Users Posts: 14,298 ✭✭✭✭retalivity


    you have to wait until the 2013 program opens, which wont be until next year


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    #47
    speef
    Closed Accounts Posts: 3 ✭speef


    I'm a little confused about the 18 month rule. The only thing that I can see on the website (http://www.canadainternational.gc.ca/ireland-irlande/experience_canada_experience/working_holiday-vacances_travail.aspx?view=d) is that you have to:

    2.be a citizen of Ireland and be able to demonstrate habitual residency (physically living) in Ireland for a minimum of three years directly prior to your application to the IEC;

    which doesn't even make sense because you are allowed to apply while you are on your first IEC as long as you leave the country and re-enter to activate it.

    Can someone show me where the 18 month rule is? I'm about to send off my application and now I realise I may not be eligible because:

    July 2009 - Dec 2010 - In Canada on a working holiday abroad visa. (extended to September while my employer applied for an LMO and then changed to a visitor visa until I went home for Christmas).

    Feb 2010 - May 2010 - In Canada on a visitors visa while my IEC application was being processed so technically resident in Ireland but I was out of the country on holiday.

    June 2010 - Present - In Canada on my first IEC visa and about to apply for a second.

    That means in the past three years I've only been in Ireland for 9 months. Do I have any chance?


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    #48
    obeara
    Closed Accounts Posts: 43 ✭obeara


    speef wrote: »
    That means in the past three years I've only been in Ireland for 9 months. Do I have any chance?

    I doubt it. In the FAQ:

    http://www.canadainternational.gc.ca/ireland-irlande/experience_canada_experience/faq.aspx?view=d#Residency


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    #49
    speef
    Closed Accounts Posts: 3 ✭speef


    Thanks obeara, I just found that..

    retalivity wrote: »
    This is what happened to me. Pretty sh1tty.

    Retalivity, did they just send you back your application saying you weren't eligible or did you get through the payment section and everything and then it was denied?


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    #50
    retalivity
    Registered Users Posts: 14,298 ✭✭✭✭retalivity


    No i never got to the payment section.
    I got the acknowledgement email, then was waiting nearly 3 weeks for the payment email before i got the rejection email. They sent all my documents back to my address in ireland then.


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    #51
    speef
    Closed Accounts Posts: 3 ✭speef


    Thanks for the heads up. I'm glad I checked the site! I've all the forms filled out already so I'll send it off anyway and who knows, maybe I'll get someone with no math skills...


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    #52
    retalivity
    Registered Users Posts: 14,298 ✭✭✭✭retalivity


    i pretty much the same, have only lived in ireland for about 9-10 months in the past 3 years.
    Its up to yourself, but i think you are wasting your time. Particualrly as the time youve been out of ireland has been in canada on different visas, so they will already have acces to all your details to see where you were and that you're ineligible


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    #53
    godman
    Closed Accounts Posts: 10 ✭godman


    Rejected because of this 18month rule. Waited a few weeks before the rejection and was getting hopeful. Oh well! I'll stay put here for another few years, maybe get another trade.


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    #54
    DeniseDee
    Registered Users Posts: 49 ✭DeniseDee


    I'm the same.
    I've got an Irish passport, but I've lived in the UK all my life.

    Is there no point in even trying to apply?


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    #55
    another_one
    Registered Users Posts: 13 ✭another_one


    you should be fine DeniseDee.
    I presume you have no stamps on your Irish passport saying you were in the UK?
    They have no way of knowing you were there. I have irish friends that were in uni in Cardiff for 12 months, they never said a bit on their application and they were fine!


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    #56
    DeniseDee
    Registered Users Posts: 49 ✭DeniseDee


    another_one wrote: »
    you should be fine DeniseDee.
    I presume you have no stamps on your Irish passport saying you were in the UK?
    They have no way of knowing you were there. I have irish friends that were in uni in Cardiff for 12 months, they never said a bit on their application and they were fine!

    I have never lived in Ireland though! No stamps on my passport saying I'm in the UK but all my work history is here. I thought that you had to be able to prove that you had been in Ireland for 18 months of the past three years?


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    #57
    nimar
    Registered Users Posts: 10 ✭nimar


    Just thought I'd leave an update message on my situation for those who are interested, as it's been a while since I posted. I'm still waiting to hear the official reason for the rejection from CIC (they said I'm ineligible, even though IEC passed me as eligible and took my money!). IEC have told me that they can't give me the reason because it was CIC who rejected the application and not them. In addition, I'm also still waiting on my refund (it's been 6 weeks now). Apparently after I get my refund (God only knows when that will come!), I can then enquire as to why I was rejected as ineligible by CIC. Such a ludicrous process! I will post an update when I eventually get to the bottom of it all, but if the rejection was because of the 18 month rule (which is what I suspect), then IEC will need to tighten up their screening process and stop giving false hope to people. Just my two cents worth! :)


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    #58
    JohnMearsheimer
    Closed Accounts Posts: 2,302 ✭✭✭JohnMearsheimer


    DeniseDee wrote: »
    I have never lived in Ireland though! No stamps on my passport saying I'm in the UK but all my work history is here. I thought that you had to be able to prove that you had been in Ireland for 18 months of the past three years?

    Just get a British passport and apply under the IEC for British citizens. You are allowed to have dual Irish and British citizenship.


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    #59
    DeniseDee
    Registered Users Posts: 49 ✭DeniseDee


    JohnMearsheimer wrote: »
    Just get a British passport and apply under the IEC for British citizens. You are allowed to have dual Irish and British citizenship.

    It's three months past my 31st birthday :(


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    #60
    another_one
    Registered Users Posts: 13 ✭another_one


    no sure you can make it all up they are not gonna go checking ur references!
    but yeah i think you can apply as a UK citizen too!


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    #61
    DeniseDee
    Registered Users Posts: 49 ✭DeniseDee


    another_one wrote: »
    no sure you can make it all up they are not gonna go checking ur references!
    but yeah i think you can apply as a UK citizen too!

    So apply with a fake work history?


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