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The Court of Appeal in Ireland has
overturned the controversial High Court ruling that held that
foreign nationals cannot be granted naturalization if they have
left Ireland for one day in the previous 12 months.
As a result of the ruling, the Irish
Naturalisation and Immigration Service is expected to start again
applying a policy that allows a six-week long absence from Ireland
(in the year prior to the application) to still qualify for
citizenship, as was the practice before this case was heard in the
Irish courts.
The situation
In July, the High Court of Ireland ruled that foreign nationals cannot be granted
naturalization if they have left Ireland for one day in the
previous 12 months. The Court of Appeals recently overturned that controversial High Court
ruling and the Irish Naturalisation and Immigration
Service (INIS) is expected to start again applying the policy that
allows a six-week long absence from Ireland in the year prior to
the application to qualify for citizenship by
naturalization.
A closer look
Aside from the maximum six-week absence rule, foreign nationals
applying for naturalization as Irish citizens must also demonstrate
that they are of good character and have legally 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. Time spent in Ireland
legally as a student or as an asylum seeker does not count toward
naturalisation.
Impact
New citizenship
applications. The INIS is expected to start again applying
the previous policy that allows a six-week long absence from
Ireland in the year prior to the application to qualify for
citizenship by naturalization. However, the Minister for Justice
and Equality still retains discretion to grant or refuse the
application even if the applicant complies with all
requirements.
Unaffected
applicants. Foreign nationals applying for Irish
citizenship based on their parents' or grandparents' Irish
nationality (Foreign Birth Registration) continue to not be
impacted as they do not need to meet the residence
requirement.
Background
The one-day absence rule was an extremely restrictive
interpretation in Ireland and in the region for citizenship
qualification and was highly criticized since it was made public.
Applicants who live near the border with Northern Ireland found it
impossible to meet the requirement.
Looking ahead
Fragomen will continue to monitor and report on further
developments, including if and when INIS publishes a clear policy
on absences from the State, which to date is not available. Clear
and published policies for applicants on what it means to be
legally resident in Ireland and the type and length of absences
allowed - not only in a naturalization context - would be most
welcome.
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