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Ronan
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2199
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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, wanted to seek advise on naturalisation process. I am

Customer Question

Customer: Hi there
JA: Thanks. Can you give me any more details about your issue?
Customer: Hi wanted to seek advise on naturalisation process. I am due one full year next feb i have been working in ireland from '06-'11 I have gaps in my stamps and wanted to seek advise if (I heard) engaging a solicitor will assist in my application i have been working with Work permit, GreenCard and Stamp for with no gaos in them... My issue is with the gaps in my stamps in my passport
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Submitted: 12 months ago.
Category: Republic of Ireland Law
Customer: replied 12 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  cmcsolicitor replied 12 months ago.

Hi there,

The stamps in your passport confirm the dates when you were registered with the GNIB. The GNIB may issue residence permissions, or merely confirm your registration on foot of a permission which has issued from the Minister for Justice. To see whether the permissions you hold amount to sufficient reckonable residency permission to entitle you to apply for naturalisation, go to the Department of Justice's helpful residency calculator, which is here: http://www.inis.gov.ie/en/inis/pages/naturalisation_residency_calculator

First, enter the dates that are marked in your passport, for example you might have a Stamp 1 from 10.01.2010 to 31.12.2010 marked in your passport. These should add up to five of the previous nine years, and to a full 365 days immediately prior to application.

If you don't have enough reckonable residency to apply on this basis, look again at the source of those permissions. So, if you had a work permit that stated that you had permission to work from 01.01.2010 to 31.12.2010, but the GNIB had marked the stamp on your passport on 10.01.2010, you can go back and correct the residency calculator so that the dates are counted from 01.01.2010.

The same applies to permission letters that issue from the Minister for Justice (through the Irish Naturalisation and Immigration Service). So, if you received a letter from the INIS to say you have been granted permission to reside and work on whatever conditions from 01.01.2010 to 31.12.2010, then you can enter those dates in the calculator - even if the stamp was marked on your passport a few days later.

If you find you are eligible to apply, print the calculator, and attach photocopies of the stamps in your Passport, as well as of the Work Permits or letters from the Minister on which you are relying, and send those with your application.

Good luck!

Customer: replied 11 months ago.
Thank you for this. I have a gap of 5 months in my stamps and another for 3 weeks although I was covered by way of a Green card. Would this still be an issue?
Customer: replied 11 months ago.
Would it help if I were to pass on my dates?
Customer: replied 11 months ago.
My dates are as follows :-10 Oct 2006 - 17th June 2008 stamp 4Gap here of 5 months plus. I have left and returned during these times as well. There are GNIB stamps in my passport asking me to register. I couldn't afford the 300 stamping at that time.4th Dec 2008 - 4th Dec 2009 stamps 1Gap here of 3 weeks plus. I have left and returned during these times as well. There are GNIB stamps in my passport asking me to register.13 Jan 2010 - 17th June 2010 stamp 18th June 2010 - 8th June 2011 stamp 1I left in 9th April 2011. I returned in 16th Feb 2015.My work permits are as below.1. Work Authorisation - 19th July 2006 - 19th July 20082. Green Card from the Ministry of enterprise and Trade  -18th June 2008 - 17th June 20103. Stamp 4 as above 8th of June 2010- 8th June 2011.As you can see,  I have no gaps in these.Currently I am on stamp 1 from 19th Feb 2015 as I am on a Critical Skills visa.
Customer: replied 11 months ago.
Please do feel free to call me at(###) ###-####or [email protected] Com
Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Help via Email or Text Message + Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  cmcsolicitor replied 11 months ago.

If you had a Work Permit (whether critical skills aka green card or otherwise), you can enter the dates that are written on the Work Permit into the residency calculator to see whether you have enough reckonable residency. You had permission to reside on those dates, so those periods must be calculated as reckonable. So, if the calculator gives you a positive result on that basis, then you are eligible to apply.

However, you were required to register your permission under Section 9 of the Immigration Act. In failing to do so, you committed an offence. Five months is a long time. This might affect the second stage of the application, which requires the Minister to exercise her discretion as to whether naturalisation is granted.

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