Berkeley Solicitors recently received a very successful and significant decision in which our client was granted naturalisation having been on Stamp 0 for a period of over five years preceding the application.
This is an exceptional decision given the Department’s suggestions that stamp 0 residence permission is a low-level immigration status which is not intended to be reckonable for Citizenship and is granted for a limited and specific stay in Ireland.
The INIS website clarifies that:
“Stamp 0 indicates permission to stay in Ireland for a temporary period, subject to conditions.
Summary of conditions:
You must be of independent means, ie fully financially self-sufficient. Alternatively, your sponsor in Ireland must be of independent means and can support you fully.
You cannot receive any benefits or use publicly funded services, eg be treated at a public hospital. You must have private medical insurance.
You must not work or engage in any business, trade or profession unless specified in a letter of permission from INIS.”
There are three main types of persons eligible for Stamp 0:
- Elderly dependent relatives
- Persons of independent means (financial threshold is considered in an around 50,000 with access to a lump sum of money in the event of unforeseen major expenses).
- Visiting academics working here for less than nine months.
Our client met all the conditions of Stamp 0 permission. Stamp 0 permission means that a person cannot work in the State, engage in self-employment, access State benefits or rely on State resources. Therefore, an individual on Stamp 0 must be wholly and totally self-sufficient or dependent. The individual is also required to reside continuously in the State.
Reckonable residence is the duration of a person’s residence when assessing an application for naturalisation.
This is the first case we are aware of where Stamp 0 has been accepted as reckonable residence for the purpose of naturalising.
Although acquiring citizenship is a privilege and not a right and is subject to the Minister’s absolute discretion, the Minister must act within the confines of the statutory definition of reckonable residence as defined at Section 16 A of the the Irish Nationality and Citizenship Act 1956, as amended.
This is a very hopeful outcome for individuals who are resident on stamp 0 permission, and they have made Ireland their permanent home but have concerns regarding their reckonable residence in the State for the purposes of naturalization.
We at Berkeley Solicitors welcome this very encouraging development surrounding reckonable residence and are happy to advise any clients wishing to pursue their naturalization application.