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I am an Irish citizen through Naturalisation living abroad since December 2020. I read that if I live outside Ireland for continuous of 7 years without sending the declaration annually to retain my citizenship then my citizenship can be revoked. Is this true?

Let's say I register annually to retain my Irish citizenship for 7 years in a row. Does this protect me losing my citizenship even after those 7 years? In other words can I live out of Ireland indefinitely and keep my citizenship if I send that declaration every year?

I have seen similar question here but it doesn't really answer if I can send declaration indefinitely and keep my citizenship

Anna
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  • Does this answer your question? Irish citizenship revoked if I live abroad after naturalization? – DavidRecallsMonica Jan 27 '22 at 20:44
  • It doesn't mention if I can send declaration indefinitely and keep my citizenship – Anna Jan 27 '22 at 20:49
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    You are trying to divine an answer to something which is neither expressly stated in Irish law nor previously addressed by Irish courts. The answer of Andrey Chistykov in the duplicate question says no Irish court cases address revocation of Irish naturalization because the new citizen moved and stayed overseas, and thus the answer is uncertain. Until such a case is decided, or until Irish law is clarified by the Irish Parliament, no one can say for sure. If you're seriously concerned about this, consult an Irish solicitor familiar with Irish Immigration and Naturalization issues. – DavidRecallsMonica Jan 27 '22 at 23:10
  • Where does "annually" come from? As far as I can see, you only have to file it once. – phoog Jan 28 '22 at 01:03
  • "You were ordinarily resident outside Ireland (other than in public service) for a continuous period of 7 years and, without a reasonable excuse, did not register your name and a declaration of your intention to retain Irish citizenship with an Irish diplomatic mission or consular office or with the Minister for Justice every year (by completing Form 5)" it say here . It's taken from citizensinformation.ie. – Anna Jan 28 '22 at 08:31
  • "(c) that the person to whom it is granted has been ordinarily resident outside the State or, in the case of an application for a certificate of naturalisation granted under section 15A, resident outside the island of Ireland for a continuous period of seven years and without reasonable excuse has not during that period registered annually in the prescribed manner his name and a declaration of his intention to retain Irish citizenship with an Irish diplomatic mission or consular office or with the Minister, or" this is taken from justice.ie. and it clearly states "annually " – Anna Jan 28 '22 at 08:36
  • Why do you think it has to be done once? Also the requirement to register annually isn't mentioned publicly unless you search it up. Justice.ie or whoever is responsible should make it well known to public – Anna Jan 28 '22 at 08:38
  • https://www.irishstatutebook.ie/eli/1956/act/26/enacted/en/print.html. this is irish statute website. In the section 19. 1 C it says about the citizenship revocation and it mentions it has to be done annually – Anna Jan 28 '22 at 10:48
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    Good research, Anna; an annual filing seems required by Irish law. But what remains undefined is "ordinarily resident overseas" and "reasonable excuse." Someone in Irish government will have to assess whether the naturalized citizen has been "ordinarily resident" overseas, and whether the reason(s) presented by the naturalized Irish citizen to justify living overseas are reasonable or not. With no guidance from administrative rules, and no court cases defining what is or isn't "ordinarily resident overseas" and what is or isn't "reasonable," everyone is just guessing. – DavidRecallsMonica Jan 28 '22 at 15:55
  • "...resident outside the island of Ireland for a continuous period of seven years and without reasonable excuse has not during that period registered annually in the prescribed manner ...". In my understanding " reasonable excuse " is about if I don't inform them that I'm abroad. I think it's not about why I'm abroad. For example, if I never tell them then after 7 years I have to provide a "reasonable excuse " of why I didn't send that declaration annually. – Anna Jan 28 '22 at 16:33
  • "Ordinarily resident " means ALL your activities are in that particular country or "An individual is ordinarily resident in Ireland if he has been resident in Ireland for 3 consecutive tax years and he continues to be so ordinarily resident until he has been non Irish resident for 3 consecutive tax years." – Anna Jan 28 '22 at 16:51
  • Citizensinformation.ie told me that a reasonable excuse to why you are abroad could be family reasons or if you are being offered work there for example. But if you read that law sentence it doesn't say that you have to provide a reasonable excuse of being abroad. I think they ask a reasonable excuse for not registering annually after 7 years ? – Anna Jan 28 '22 at 16:55
  • @Anna "Why do you think it has to be done once?" Because none of the pages that I had seen before now said anything about filing annually. Now that you mention citizensinformation.ie, I've found a (different) source at https://www.irishimmigration.ie/how-to-become-a-citizen/intention-to-retain-irish-citizenship/ which does indeed use the word "annually." – phoog Jan 28 '22 at 18:32
  • @Anna I disagree: "reasonable excuse" is exactly about the reason you state for staying outside of Ireland. "Taking care of a sick parent" will have more weight than "I don't like the Irish climate." – DavidRecallsMonica Jan 28 '22 at 19:17
  • Some people saying that I need to register annually after 7 years to keep citizenship, other people saying that I should register from first year. – Anna Jan 30 '22 at 11:47

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