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The High Court of Ireland has
ruled that foreign nationals cannot be granted Irish citizenship by
naturalization if they have left Ireland for even one day in the 12
months prior to their application.
The ruling could be overturned on
appeal, but this might be a lengthy process. Further, there is no
confirmation at this stage as to whether the parties will appeal
the judgment.
Applicants with pending
applications for Irish citizenship might have their applications
refused if they have spent one day or more outside Ireland in the
12 months prior to their application. Pending applications might
alternatively be put on hold if an appeal is submitted or if
emergency legislation is considered. The government has not yet
indicated how it intends to handle pending applications.
Applicants for Irish citizenship
based on Irish ancestry (Foreign Birth Registration) are not
affected by this ruling as they are not required to prove
residence.
The situation
The High Court of Ireland has unexpectedly ruled that foreign nationals applying
for naturalization cannot be granted Irish citizenship by
naturalization if they have left Ireland for even one day in the
previous 12 months before they apply.
A closer look
Citizenship rule.
Foreign nationals applying for naturalization as Irish citizens
must demonstrate that they have resided in Ireland for at least
five of the past nine years, reduced to three out of the last five
years if they are married to an Irish national. This must include
one year of continuous residence in Ireland in the 12 months prior
to the date of application.
Previous rule for residence
outside Ireland. Previously, citizenship applicants could
leave Ireland for up to six weeks in the year preceding the
application, or longer in some exceptional circumstances.
Impact for foreign nationals
Citizenship by naturalization
applicants. Foreign nationals applying for Irish
citizenship will not be granted citizenship if they have spent even
one day outside Ireland in the 12 months preceding the date of
their application. Applicants who live near the border with
Northern Ireland might find it impossible to meet the
requirement.
Pending
applications. Applicants with pending applications for
Irish citizenship might have their applications refused if they
have spent one day outside of Ireland in the 12 months prior to
their application. Pending applications might alternatively be put
on hold if an appeal is submitted or if emergency legislation is
considered. The government has not yet indicated how it intends to
handle pending applications.
Citizens. The impact
on applicants who have already been granted Irish citizenship based
on the previous six-week residence rule is unclear. Fragomen will
continue to liaise with the authorities and stakeholders to gain
clarity on this issue.
Unaffected
applicants. Foreign nationals applying for Irish
citizenship based on their parents' or grandparents' Irish
nationality (Foreign Birth Registration) will not be impacted as
they do not need to meet the residence requirement.
Background - Irish and regional trends
This is the first time the residence requirement has been
interpreted so restrictively in Ireland and in the region. Most
countries in the region impose absence limits for citizenship
applicants, but none refuse citizenship based on one day of
absence. Even the previous six-week absence limit was highly
restrictive in the region. For example, the United Kingdom allows
applicants for UK nationality to leave the United Kingdom for up to
90 days in the 12 months prior to their application in most
cases.
Looking ahead
The decision could be overturned on appeal, but the appeal
process may be lengthy. Alternatively, emergency legislative
measures might be implemented. An urgent response is needed given
the significant impact of this judgment.
A change to the law itself on an emergency basis is likely to be
the best approach, which would bring Ireland in line with other
countries in the region. However, it is unlikely this issue will be
resolved before the end of the Dáil (Irish parliament)'s
recess until September 17. Fragomen will continue to monitor and
report on further developments.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Citizenship is the relationship between an individual and a country to which the individual owes allegiance and the country, in turn, provides the individual with protection.
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