Written answers

Tuesday, 3 November 2020

Department of Justice and Equality

Residency Permits

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats)
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1065. To ask the Tánaiste and Minister for Justice and Equality when a person has been absent from the State for more than six weeks in a year, if the six weeks absences are deducted in their entirety from the reckonable residency calculation; if it is just the excess days over six weeks deducted from reckonable residency calculation; and if she will make a statement on the matter. [33213/20]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The Irish Nationality and Citizenship Act 1956, provides the statutory periods of residence required in the State, and that the final year be continuous residence. However, 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. However, in the absence of any additional information in relation to extended absences, absences totalling 6 weeks or more in any year will be deducted in their entirety from the reckonable residence in the State.

As each application is judged on its individual merits, a decision on an application can only be made when it has been submitted and subsequently considered. Therefore, it is essential that applicants provide all relevant information to allow for a fully informed decision and to consider whether exceptional or compelling circumstances exist with regard to any absences from the State in the period preceding the submission of the application.

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