Leeway around 365 days continuous residence

TP_CM

My wife is eligible to apply for citizenship based on 3 years marriage to myself (born and raised here). Does anyone know if there is leeway given on the 365 day continuous residence requirement? As of right now we've been here for the past 365 days without leaving the state. But we have Christmas booked to visit the family in Spain. When we come back in January and submit her passport/application, will it be denied because of this? This was in the news a year and a half ago, because there were cases of people who were unable to apply for citizenship because their work required them to travel abroad for a few days. But then the pandemic hit and I suppose its resolution was put on hold.

Does anyone know if they exercise some sort of discretion when reviewing these elements of an application? I suppose the spirit of the rule is to ensure they have a clear intention of remaining within the country. In the past 3 years we bought a house here, had a kid (with another one on the way), and she has been in full time employment in a critical-skilled worker's job in IT - a job she got within weeks of us arriving here.

osarusan

Does the 'continuous residence' not include an 'allowance' of 6 weeks outside the country? I know that for a time in 2019, there was that ruling that interpreted it as each and every one of the 365 days, but this has since been revised I am sure.

TP_CM

Yes, this is the question. I know it came to light about 18 months ago, but then the pandemic happened and people stopped travelling. Now there seems to be a bit of confusion - On the official government website, under the Spouse section, it says:

You must show that you built up enough reckonable residence on the island of Ireland to be granted citizenship, specifically:

• 1095 or 1096 days of reckonable residence based on your accumulated permission stamps
• This includes 365 or 366 days (1 year) of continuous residence immediately before the date you apply

But then there have been cases gone through the courts which show that this stipulation can be over-turned. Take this page for example: https://sinnott.ie/changes-to-irish-citizenship-laws/

Quote:

In recent years there has been much litigation and confusion surrounding the reckonable residence conditions for citizenship applications in the twelve-month period prior to an application.......

....... In November 2019, the Court of Appeal overturned the continuous residence finding of the High Court which meant that persons could leave the State in the twelve-month period prior to their application.

(End Quote)

So to me it's unclear now what the situation is, and whether it is possible to have a short break abroad for special occasions such as Christmas.

TP_CM

I suppose just in case this helps anyone in the future, with a similar query.. I just wanted to paste a response from the ministry of Justice in relation to this:

Quote:

Thank you for your email. While the Act clearly stipulates the statutory periods of residence required in the State, and that the final year be

continuous residence, it has long been recognised that many people may travel abroad for a holiday, or may have some unexpected or unavoidable

reason to travel abroad. In this regard it is considered that a reasonable and generous period of up to 6 weeks be allowed to provide for absences

from the State for normal holidays and other short term and temporary nature absences, such as for business meetings or a family wedding or

bereavement or medical emergency while abroad, and that such short term nature absence from the State would not impact on the statutory residence

requirement. The Minister may allow some further discretion where there are wholly exceptional or unavoidable circumstances.

Every application for naturalisation is considered on its individual merits, strictly in accordance with the relevant statutory provisions.

/End Quote

So it's fairly clear to me anyways. We should be fine.

TP_CM

Ah sorry, I tried to fix that weird formatting which came with their email but looks like I didn't do enough.

Supercell

It wasnt an issue for my wife when she applied, we went on holidays every summer and trips to Northern Ireland a few times and nothing mentioned.

TP_CM

https://www.boards.ie/discussion/comment/118277954#Comment_118277954

Thanks Supercell. Did the application take long to be processed do you remember? Did it take the full year?

Marcusm

https://www.boards.ie/discussion/comment/118277976#Comment_118277976

Six weeks per each 12 months outside the state without explanation and give an explanation for any longer periods. I believe that Inis is now quoting 23 months application periods. New processes are underway including removing the need to submit an original passport. I would be hopeful that the days of applications falling into desk drawers etc will be long gone soon. They need good workflow management and an ability to communicate effectively with applicants. While some applications are complex, many are not and the lengthy periods of lack of communication are unhelpful for applicants and authorities alike.