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Dáil
‹ Order of Business

Citizenship residence rule

Summary

Thomas Byrne raised a case where a six-week absence was said to break continuous residence for citizenship applications. The Minister said there has been no change in law, but the matter will be reviewed.

I wish to raise an issue that has become of concern to people around the country, mainly British people but also other foreign nationals who have been living in this country for a considerable period of time. When applying for citizenship, the law stipulates that they need at least one year's continuous residence. In the case of a constituent of mine, Stephanie McCorkell from Ashbourne who has lived in Ashbourne for 40 years, it turn outs that a new rule has been brought in which is not in the law or in any statutory instrument that a break of six weeks breaks the link completely.

There are retired people who may go for a camping holiday for six weeks in the summer or go to visit friends or relations in other countries and who are not breaking their continuous residence in the place where they live. My constituent has been denied citizenship because she was absent from the country for a six-week period last year. A straight and plain reading of the law makes it clear that the Department of Justice and Equality is not entitled to deny her and others citizenship on this basis. An article in The Irish Times over the weekend indicates that clearly there are other cases because many immigration solicitors have raised the issue. Some of them have contacted me after I tabled a parliamentary question on this case a number of weeks ago. Has the Minister changed the law without coming through the Oireachtas?

Comment on this

There is no change in the law. The Ceann Comhairle will appreciate that there is a certain reluctance on my part to discuss individual cases on the floor of the House. However, I acknowledge a matter that Deputy Byrne has brought to my attention. I have asked that the matter be reviewed and sought a report on it. I do not have it to hand but I would be happy to engage further with Deputy Byrne on what, on the face of it, appears to be an important issue.

Comment on this