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*Irish citizenship through neutralisation*

  • 11-09-2012 4:19pm
    #1
    Registered Users Posts: 12


    I have been living here since 1997 as with my parents who have more than 10 stamps in their passports as i am turning 18 in December i want to apply for citizenship but I have only 2 stamps and but have been living with my pearents for 15 years here i even started juniour infants here i know this dosent entitle me to anything but I am irish in my opinion so will this effect my application with the 5 years reconkable residence


Comments

  • Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    What class of stamp have you had, what is your parents current status. I assume when you say you have only two stamps that is since you turned 16.


  • Registered Users Posts: 12 yungwan7k88


    stamp 4 and yea my parents also have stamp 4 and yes since i turned 16


  • Banned (with Prison Access) Posts: 28 Claire McCarthy Cork


    Hi Yungwan - the basic rule is that you need to accumulate five years of "reckonable" residency in order to be eligible to apply (Section 15 of the Irish Nationality & Citizenship Act).

    You won't normally be considered by the Citizenship Section to have accumulated any "reckonable" residency while you were a child under 16.

    When you turned 16, I presume you will have been granted your first "Stamp 2" type residency permissions.

    The INIS website states that "Please note that certain stamps are not reckonable for naturalisation purposes. These include study related permissions: 1A, 2, 2A ..."

    However, this is something of an over-simplification: because your Stamp 2 residency permissions will have been granted to you as the dependent child of a legal resident, and not as an international student they WILL and should in fact be reckonable. It has been my experience that the Citizenship Section will consider the Stamp 2 permissions of people who entered the state as the minor dependents of work permit holders, if they make their application while they are still under the age of 23.

    ...but 16 + 5 = 21 so you may have a way to go yet.

    The situation may be different for you depending on a whole host of circumstances, including your family's residency status/ citizenship, so please don't consider this legal advice. These are just some facts that may be of assistance. You might consider going for a free consultation with some experts at the Immigrant Council in Dublin or Nasc in Cork.

    Just don't let your residency permission lapse! if you're in college/school you'll be grand. If you're not... the INIS are slow to grant Stamp 4s to aged out dependents of work permit holders, but they do sometimes do so. This may be a better short term solution for you.

    Good luck!


  • Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Hi Yungwan - the basic rule is that you need to accumulate five years of "reckonable" residency in order to be eligible to apply (Section 15 of the Irish Nationality & Citizenship Act).

    You won't normally be considered by the Citizenship Section to have accumulated any "reckonable" residency while you were a child under 16.

    When you turned 16, I presume you will have been granted your first "Stamp 2" type residency permissions.

    The INIS website states that "Please note that certain stamps are not reckonable for naturalisation purposes. These include study related permissions: 1A, 2, 2A ..."

    However, this is something of an over-simplification: because your Stamp 2 residency permissions will have been granted to you as the dependent child of a legal resident, and not as an international student they WILL and should in fact be reckonable. It has been my experience that the Citizenship Section will consider the Stamp 2 permissions of people who entered the state as the minor dependents of work permit holders, if they make their application while they are still under the age of 23.

    ...but 16 + 5 = 21 so you may have a way to go yet.

    The situation may be different for you depending on a whole host of circumstances, including your family's residency status/ citizenship, so please don't consider this legal advice. These are just some facts that may be of assistance. You might consider going for a free consultation with some experts at the Immigrant Council in Dublin or Nasc in Cork.

    Just don't let your residency permission lapse! if you're in college/school you'll be grand. If you're not... the INIS are slow to grant Stamp 4s to aged out dependents of work permit holders, but they do sometimes do so. This may be a better short term solution for you.

    Good luck!


    He has a Stamp 4 not 2, Stamp 2 given to children of parents legally here is causing huge problems when it comes to citizenship, hence why a stamp 3 or 4 should be insisted upon.

    So OP upto 16 you are under your parents stamp 4 so you will I believe have to provide evidence of your 2 years by yourself (stamps in passport) plus the time under your parents (stamps in their their passport). You may need to have extra supporting documents eg school registration etc. if you are still under 18 your parents can apply for you using form 9 rather than 8.


  • Banned (with Prison Access) Posts: 28 Claire McCarthy Cork


    Thanks Research Will! I read that too hastily of course Yungwan will be entitled to apply once (s)he has accumulated 5 years of Stamp 4!

    ...The Stamp 2 issue arises for so many young people whose parents haven't naturalised before their child turned 18, and who got the St 2 automatically from GNIB as long as they were studying. The Dept's concession for applicants who are under 23 is helpful if arbitrary. It's not published either - was communicated to me in a letter though and proved useful for some clients. it may be of assistance to others reading this even if not relevant to Yungwan (sorry Yungwan!)

    Dependents of legal residents whose Stamp 2s are not counted as reckonable (for example if they've turned 23 before applying] would have grounds for Judicial Review, I believe.


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  • Registered Users, Registered Users 2 Posts: 10,448 ✭✭✭✭Marcusm


    Good look with your naturalisation; don't let yourself be neutralised!


  • Registered Users Posts: 12 yungwan7k88


    thanks to every 1 i will do so accordingly thanks


  • Registered Users Posts: 2 saroj


    I am son of an Irish citizen . I am from visa required country.I have stamp 4 on my passport.am i eligible to apply for irish passport ?????


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