Residence that won't count
Some time in Ireland doesn't count towards citizenship. The list would get longer.
Head 9 · Section 16A
| Time spent on… | Counts now? | Proposed |
|---|---|---|
| Unlawful stay, student permission, asylum seeker | No | No |
| Temporary protection (e.g. Ukraine) | Yes | No |
| EU Treaty Rights temporary permission, later refused | Yes | No |
| EU Treaty Rights claim based on fraud, or later found not entitled | Not expressly excluded | No |
| Other temporary permissions the Minister lists | Yes | No |
| Already applied before the start date | — | New exclusions don't apply |
Legal text
Highlighted: current wording proposed wording
16A.—(1) A period of residence in the State shall not be reckoned when calculating a period of residence for the purposes of granting a certificate of naturalisation if—
16A.—(1) A period of residence in the State shall not be reckoned when calculating a period of residence for the purposes of granting a certificate of naturalisation if—
(a) it is in contravention of section 5(1) of the Act of 2004,
(a) it is in contravention of section 5(1) of the Act of 2004,
(b) it is in accordance with a permission given to a person under section 4 of the Act of 2004 for the purpose of enabling him or her to engage in a course of education or study in the State,
(b) it is in accordance with a permission given to a person under section 4 of the Act of 2004 for the purpose of enabling him or her to engage in a course of education or study in the State,
(c) it consists of a period during which a person (other than a person who was, during that period, a national of a Member State, an EEA state or the Swiss Confederation) referred to in subsection (1) of section 16 of the International Protection Act 2015 is entitled to remain in the State in accordance only with the said subsection, or
(c) it consists of a period during which a person (other than a person who was, during that period, a national of a Member State, an EEA state or the Swiss Confederation) referred to in subsection (1) of section 16 of the International Protection Act 2015 is entitled to remain in the State in accordance only with the said subsection,
(d) it consists of a period during which a person is—
(d) it consists of a period during which a person is—
(i) an applicant within the meaning of Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU,
(i) an applicant within the meaning of Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU,
(ii) the subject of a return decision under Part 11 of the International Protection Act 2026,
(ii) the subject of a return decision under Part 11 of the International Protection Act 2026,
(iii) the subject of a decision to withdraw international protection status in accordance with section 214(1) or (2) of the International Protection Act 2026 that has taken effect in accordance with section 215(3) of that Act, which period shall end on the commencement by the person of a period of residence to which this subsection does not apply, or
(iii) the subject of a decision to withdraw international protection status in accordance with section 214(1) or (2) of the International Protection Act 2026 that has taken effect in accordance with section 215(3) of that Act, which period shall end on the commencement by the person of a period of residence to which this subsection does not apply, or
(iv) entitled to remain in the State pursuant to a permission referred to in paragraph (e) of section 236(1) of the International Protection Act 2026.
(iv) entitled to remain in the State pursuant to a permission referred to in paragraph (e) of section 236(1) of the International Protection Act 2026.
Not in current law
(e) it is in accordance with a permission given to a person under subsection (8) of section 237 of the International Protection Act 2026,
(f) a period during which a person has been given a permission to reside in the State in accordance with subsection (6) of section 60 of the Act of 2015,
(g) it consists of a period during which a person is provided with a temporary permission whilst they are subject to an examination of their personal circumstances under the European Communities (Free Movement of Persons) Regulations 2015, and is subsequently not granted permission to reside,
(h) it consists of a period during which a person is provided with a temporary permission while seeking a review of a decision by the Minister under regulation 25 of the European Communities (Free Movement of Persons) Regulations 2015, but who is subsequently found not to have an entitlement under these Regulations to enter or reside in the State,
(i) it consists of a period of residence, where in accordance with Regulation 27 of the European Communities (Free Movement of Persons) Regulations 2015, the right, entitlement or status concerned, as the case may be, is or was claimed on the basis of fraud or abuse of rights, and where the Minister revokes, refuses to make, or refuses to grant said permission, as the case may be,
(j) it consists of a period of residence, purported to be in compliance with the European Communities (Free Movement of Persons) Regulations 2015, where the individual is later found not to have been entitled to exercise such a right,
(k) on the basis of a permission of a temporary or limited duration as the Minister may prescribe.
(3) This section does not apply in the calculation of a period of residence in the State for the purposes of an application for a certificate of naturalisation made before the commencement of section 6 of the Irish Nationality and Citizenship Act, 2001.
(3) This section does not apply in the calculation of a period of residence in the State for the purposes of an application for a certificate of naturalisation made before the commencement of section 6 of the Irish Nationality and Citizenship Act, 2001, or the commencement of Irish Nationality and Citizenship (Amendment) Act [2026].