Tuesday, 29 September 2020

Ceisteanna (730, 736)

Bríd Smith

Ceist:

730. Deputy Bríd Smith asked the Minister for Justice if the citizenship requirement will be clarified with regard to the reckonable residency calculation; the consequence in the event a person has been absent from the State for more than six weeks in a year; if six-week absences are deducted in their entirety from the reckonable residency calculation; if not, if it is solely the excess days over six weeks that are deducted from reckonable residency calculation; and if she will make a statement on the matter. [27102/20]

Amharc ar fhreagra

Jim O'Callaghan

Ceist:

736. Deputy Jim O'Callaghan asked the Minister for Justice if the six-week absence is deducted in its entirety from the reckonable residency calculation if a person has been absent from the State for more than six weeks in a year; if not, if the excess days over six weeks are deducted from the reckonable residency calculation; and if she will make a statement on the matter. [27148/20]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

I propose to take Questions Nos. 730 and 736 together.

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.