Leaving country after citizenship application

[infra123]

Non-EU citizen immigrated to Ireland on CSEP Stamp 1. After 2 years moved to Stamp 4 and currently working and residing in Ireland on Stamp 4.

Wondering under which conditions can Stamp 4 be revoked since considering being out of Ireland for a year or so? Thanks

[Jumbo Breakfast Role]

Stamp 4 letters of grant would express that one must be continuously in the State .

Look, you might have a very very good reason for being out of the State. eg Health reasons - seeking medical service elsewhere ; parents were ill dying ; Job in Ireland , required you to travel ; you had personal / family business to attend to which dragged out eg court cases/ selling property

It is totally up to the Minister and he can use his discretion to just allow the person continue with their Stamp 4. It will effect / delay any citizenship application however, but that is a separate matter

Bear in mind, they have to consider Article 8 ECHR rights, so depending on how long you are in the State, whether you had family living in Ireland during that time; reason for being out of the State, there might be a prospect that status would be continued, but with a warning

Bottom line, if you get Stamp 4, do not make a habit of being out of the country for too long each year

[easylad]

Generally speaking, based on my unqualified opinion, you can be outside of the state for up to 90 days without any legal concerns.

Anything beyond 90 days but still remaining as a tax resident (resident in the state for over 6 months in a given tax year) will trigger alarms, but they will give you a slap on the wrist if it's your first time.

Any absence beyond 6 months would need a business reason (e.g. temp. overseas assignment), medical, or a valid personal reason.

[infra123]

Thank you both for the above info.

I am wondering if I get an offer from a company in London and move there, but travel from Dublin to Belfast by car and to London from Belfast by plane, what are the chances that Irish immigration body will know that i am outside of Ireland?

As far as I know, when travelling from Belfast to London there is no passport check for non-EU. Plus there is no border between Republic of Ireland and Northern Ireland so again no passport check.

[mentalmind]

That will raise few issues I believe.

1- You will need to get visa for UK which will be in your passport, otherwise you can't enter to UK. And when you enter to London via airport, you will most likely see UK passport police and you will have border entry stamp on your passport. The last one is purely speculation but even you have transfer flight from London you have to go thru passport control so I believe from Belfast to London you will see passport police, which will stamp your passport.

2. When you have to renew your stamp 4 you need to get your payslip and employment verification letter, which will indicate you are hired by UK company (if you get paid by an Irish company that's a different story). Or because you won't be working for Irish company, your P60 (or employment history) will be blank as you won't be hired in Ireland.

3. When you apply for citizenship they will ask for your current and previous employers, which you will have to indicate that you worked for a UK company.

4. You will need employment permit to work for a UK company (if they hire you via Irish company then it's not an issue)

So long story, that's an effort that will bring risk and it's unnecessary.

[infra123]

Non-EU national here currently on Stamp 4 and due to apply for citizenship soon.

Wondering what will happen if I move to UK right after my citizenship application? Am I still eligible for citizenship?

Move to UK is for 1-2 years due a new job offer from London company, so I am planning to return to Ireland in 1-2 years.

[mentalmind]

You need to let ISD know if you leave Ireland more than 6 weeks in a year after your application. So most likely it won't be a good sign for your application.

[meself2]

Yeah. And they will probably be sending your correspondence to Irish address, as you're applying on the basis of you being here.

[littlerr]

- ISD / GNIB requires you to report any change of circumstances within a week. Change of address and change of residence are both considered significant changes and must be reported.

- Your Stamp 4 conditions usually require you to be in the state for at least 9 months per year, unless you are a beneficiary of EU Treaty Rights (6 months) or IIP Scheme (0 day).

- Citizenship team requires you to notify them of any address change.

- Citizenship team requires you to notify them if you are abroad for more than 6 weeks after the application is submitted.

- Citizenship team will ask you to provide more bank statements/utility bills/proof of residences in Ireland throughout the application process.

- In your citizenship application, you have declared that you intend to continue residing in Ireland. Moving out so soon invalidates that declaration and nulls the application.

Any of the point above would cause your application to be refused. Any deliberate act to hide such information from ISD/GNIB/Citizenship would cause your application to be revoked even if they are approved.

Now, in reality, if you are lucky - in that nobody requests for any further document, no department finds out you are no longer in the state, and nobody snitches on you - you may be approved. My colleague who was a British national moved back to the UK after submitting his application, and was approved in a year. That doesn't mean it would happen to everybody though, especially for non-EU nationals as their passports are scanned every time they pass the UK/Irish border. whereas UK/Irish/EU nationals typically don't in certain scenarios.

[CR001]

Topics merged!!