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Can anyone please explain what this document's page 5 second paragraph means:

"If you are an EU citizen for less than five years please submit copy of your passport showing permission to remain stamps from date of arrival in the State to date of becoming an EU citizen and proof of residence in the State from date of becoming an EU citizen to date of application. Please submit three different proofs of residence for each year showing name and address for this period i.e. mortgage/rent agreement, household bills (gas, electricity, phone or cable/ satellite TV), bank statements, revenue letters, mortgage agreement, social welfare, letter from employment, etc."

Specifically the sentence in bold. Are rules different for naturalized EU citizens who have become EU citizens since not more than 5 years?

EDIT: You can find a note on this page too. What is it exactly?

"Note: To apply as a UK, EU/EEA & Swiss national, you must have been a UK, EU/EEA or Swiss national for more than 5 years. If not, you must apply as a non-EU/EEA & non-Swiss national."

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  • The question is reasonably clear and specific so I provided an answer but why this focus on the notion that new EU citizens have different rights? It could be easier to ask a question about your current situation and your plans rather than hypotheticals.
    – Relaxed
    Aug 28, 2020 at 9:10
  • Oh, I thought I should rather know the general law and solve my case for myself. Anyway thanks! Aug 28, 2020 at 9:18
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    That's fine too, I was just offering this as an alternative because there seemed to be some confusion. But if that answers all your questions, that's great.
    – Relaxed
    Aug 28, 2020 at 9:20

1 Answer 1

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The sentence doesn't suggest that different rules apply. To naturalize as an Irish citizen, you need to have resided in the country legally for five years. That's the requirement.

Due to the EU freedom of movement and related legislation, EU citizens do not need permission to reside in Ireland and do not get stamps on their passport. Therefore it doesn't make sense to ask them to submit “permission to remain stamps” covering these five years. In fact, some EU citizens might not even have a passport and do not need one to live in Ireland.

On the the other hand, third-country nationals do need permission to reside in Ireland. Therefore, they need a slightly different kind of evidence to establish that they satisfy the legal residence requirement during the last five years (namely the permission to remain stamps).

And if you weren't an EU citizen over the whole period, you need to submit evidence that you were indeed a legal resident before becoming an EU citizen. It is thefore necessary to submit a different kind of evidence for each period of residence in Ireland.

Note that these rules are outside the scope of the EU freedom of movement as naturalization is still fully a matter of national law. They have no bearing on your right to reside, live with your family, become a permanent resident, etc. in Ireland as an EU citizen. They wouln't impact a newly naturalized EU citizen moving to Ireland who ultimately decides to apply for Irish citizenship either.

This only impacts people who become EU citizens while they are already residing in Ireland. Given the rules for naturalization in other EU countries, that would be relatively rare, although it is possible (reintegration based on ancestry or naturalization for spouses do not always require residence, investment routes to citizenship typically have some light residence requirements but it's not impossible to skirt them).

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  • Would that happen if another country joins the EU? Someone from country X, not an EU citizen, lives legally in Ireland, the country joins the EU, and suddenly this person is an EU citizen?
    – gnasher729
    Aug 31, 2020 at 20:56
  • @gnasher729 Why not? That's the beauty of that logic. In this particular matter, there isn't one set of rules for EU citizens and one set of rules for third-country nationals, you simply need to have been a legal resident under the rules that applied to you at the time. It's quite common for nationality law to depend on the state of the law in the past, sometimes one or two generations ago.
    – Relaxed
    Aug 31, 2020 at 21:09
  • To the extent that there would be different rules for EU citizens (and there are in some other countries), say that EU citizens only need three years of residence before applying instead of five then I would indeed expect new EU citizens (whether through naturalisation or through their country's joining the EU) to benefit from it.
    – Relaxed
    Aug 31, 2020 at 21:11

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