Citizenship applicants cannot leave Ireland for a year before application, judge rules

A High Court judge, in a significant decision, has ruled the “continuous residence” requirement in citizenship applications means an applicant for naturalisation must have “unbroken” residence in the State for an entire year immediately before the date of their application.

The cure for any such unfairness is not to be found in the courts, it “lies in the gift of the legislature”, he added. It provides, on receipt of an application for a certificate of naturalisation, the Minister “may, in his absolute discretion, grant the application if satisfied that the applicant.. has had a period of one year’s continuous residence in the State immediately before the date of the application”.During that time, Mr Jones, who works in the university sector here, was out of Ireland for 100 days, 97 on holiday and three for work reasons.

In Mr Jones’ case, one cannot properly say a one year period of residence punctuated by 97 days of holiday absence and three days of work absence is “unbroken, uninterrupted, connected throughout in space or time”.

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