Written answers

Monday, 11 September 2017

Department of Justice and Equality

Residency Permits

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
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597. To ask the Tánaiste and Minister for Justice and Equality if persons (details supplied) are allowed to leave the State for a holiday in the 12 months prior to applying for residency; and if he will make a statement on the matter. [37537/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. It is open to any individual to lodge an application for a certificate of naturalisation if and when they are in a position to meet the statutory requirements, including residency requirements, prescribed in the Act.

Detailed information on Irish citizenship and naturalisation is available on the INIS website at www.inis.gov.ie. The website contains the current version of the application by a person of full age for naturalisation as an Irish citizen and an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the residency requirements are met.

Where an applicant is found to be non-resident for substantial periods of time such periods will not be reckonable for the purposes of satisfying the statutory residency conditions for naturalisation stipulated in the Act. This is of particular importance with regard to the requirement to have 1 year’s continuous residence in the State immediately prior to the date of application, and may also mean the requirement of total residence is not met. The guidance notes attached to the application form inform applicants that arrangements for assessment of residence are on the basis that the person is physically resident in the State for the required period of time and that where there are significant absences from the State the application may be refused. A reasonable and generous period of up to 6 weeks is allowed to provide for absences from the State for normal holidays and other short term and temporary nature absences, such as for a family bereavement.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

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