Irish Nationality and Citizenship Act 1956

F40[Calculation of continuous residence for purposes of sections 15, 15A and 15B

15C

15C. (1) When calculating a period of one year’s continuous residence in the State for the purposes of section 15 or 15B, the periods specified in subsection (3) during which—

(a) an applicant for a certificate of naturalisation under section 15, or

(b) a minor (in this section referred to as a "minor applicant") in respect of whom an application for a certificate of naturalisation is made under section 15B,

was not present in the State shall be reckoned as a period of residence in the State.

(2) When calculating a period of one year’s continuous residence in the island of Ireland for the purposes of section 15A, the periods specified in subsection (3) during which an applicant for a certificate of naturalisation under that section was not present in the island of Ireland shall, subject to subsection (4), be reckoned as a period of residence in the island of Ireland.

(3) The following periods are specified for the purposes of subsections (1) and (2):

(a) a period not exceeding, or periods the aggregate of which do not exceed, 70 days, and

(b) an additional period not exceeding, or such additional periods the aggregate of which do not exceed, 30 days, where the Minister is satisfied that the person’s not being present in the State or in the island of Ireland, as the case may be, during such additional period or periods was necessitated by—

(i) in the case of a minor applicant, exceptional circumstances relating to the minor applicant, or the person who made the application on his or her behalf, or both, and

(ii) in any other case, exceptional circumstances relating to the person.

(4) Where section 15A(4) applies to an applicant for a certificate of naturalisation, the periods specified in subsection (3) shall be in addition to any period of residence outside the island of Ireland referred to in section 15A(4).

(5) In this section—

"day" does not include part of a day;

"exceptional circumstances", in relation to a person not being in the State or the island of Ireland, means one or more of the following:

(a) the family or personal circumstances of the person;

(b) the health requirements of the person or of a family member of the person;

(c) requirements arising out of, or in the course of, the employment, trade or profession of the person;

(d) requirements in pursuance of a course of study or a professional qualification of the person;

(e) any voluntary service by the person for humanitarian purposes;

(f) such other circumstances resulting in the person’s not being present in the State or in the island of Ireland, as the case may be, as the Minister considers to be outside the control of the person;

"family member", in relation to a person, means—

(a) the spouse, civil partner or cohabitant of the person,

(b) a child, step-child, son-in-law or daughter-in-law of the person,

(c) a parent, step-parent, mother-in-law or father-in-law of the person,

(d) a brother, sister, step-brother, step-sister, brother-in-law, sister-in-law, half-brother or half-sister of the person,

(e) a grandparent or grandchild of the person, or

(f) an aunt, uncle, nephew or niece of the person.]

Annotations:

Amendments:

F40

Inserted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 8, S.I. No. 389 of 2023.