Thursday, February 27, 2014

STAMP 0 UPDATE

I refer to our blog posts that referred to confusion around the introduction of Stamp 0. As previously noted, we wrote to the Department in order to seek express clarification in this regard and I am happy to confirm we have received a helpful response.

The letter notes that Stamp 0 has no provision in the Irish Nationality and Citizenship Act 1956 (as amended). However, this also means that the permission is not amongst the express exclusions for eligibility for citizenship by naturalisation and is thus ‘not excluded from reckonability’. It is further stated in the letter that naturalisation is a discretionary determination, which is why INIS has sought to ‘dampen expectations that Stamp 0 would lead to citizenship, and it is being granted on the basis that naturalisation would not be the probable outcome’. 

However, as with any resident who is granted reckonable permission, anyone within the state on stamp 0 permission is entitled to apply and have their case decided by the Minister on their own merits, in a manner identical to that of all such applications. 

Our arguments in respect of the confusion and lack of clarification on the INIS website in this regard have been accepted and furthermore assurance has been provided that this issue will be addressed shortly. 

Therefore, it has been established that Stamp 0 is accountable in respect of reckonable residency, and all naturalisation applications on the basis of this permission will be determined within the Minister’s discretion, as is the standard procedure with all naturalisation applications.

Naomi Pollock

3 comments:

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  3. Do you have an update on Stamp 0 policy in particular as it applies to retirees or "persons of independent means"? For example, does time spent in Ireland under Stamp 0 now count towards the 5 years necessary for citizenship? Also, is the "special affinity" of Ireland for the Irish Diaspora as stated in the Irish Constitution reckonable with its immigration policy towards all people of proven Irish descent who wish to retire to Ireland? I understand that the Justice Ministry is finalizing a review of Stamp 0 policy that will be issued in the near future. Stamp 0 for retirees seems inappropriate as such individuals in fact establish permanent homes in Ireland in order to live out their remaining lives.

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