WIKI: HOW-TO: Golden Visa Renewal Mega Thread (January 2025 →)

In that case, what stops IRN from deciding earlier, e.g. doing a quick scan of pending cases to deny those that don’t yet have 5 years?

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I get the impression that until recently, and probably for the great majority of applications in the queue, everything was submitted on paper. A computer could do a quick scan and reject early applications. If they are still following processes developed for pen-and-paper though, even if the documents are electronic, it wouldn’t be as easy.

I am afraid I will run out of page length here if I try to explain ‘what stops them’. In short, it is a combination of the current regs to the LdN, and the TC ruling interpreting them.

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No, it could not. If you read the regs you’d know why..

Ok, I’ll try to be super concise.. :smiling_face_with_sunglasses:

The current LdN as it stands allows a certain scenario, where an applicant has a full right to submit an application, but the ultimate decision on such application would be conditioned on the fulfilment of a future event. That future event is NEITHER in the hands of the applicant, NOR in the hands of IRN. So - the IRN has no other choice but ‘wait’ and make a final decision on the conditions fulfilled at the time of such final decision. NOT at the time of submission because it is physically impossible under the current law.

TC provided a few scenarios of that kind. The logic for all of them is that the date of the final decision of the IRN is indeed the point in time that matters for considering the fulfillment of the necessary conditions. Now if you ask me: “what about the condition of fulfilling 5 years of legal residence?” - I am afraid you’d need to read the Regulations to understand how it is checked, and arrive at your own conclusion..

Okay, I assume you are talking about the CdT (or similar doc) which IRN requests from AIMA.

What about the issue that the application form says you have 5 years residence at the time of signing? How to avoid that being a fraudulent declaration?

No, I meant a different scenario actually provided within the TC ruling, related to certain implications of Art.15(4) of the LdN.
But I like your train of thought there.. :wink:

The application form should not be of any concern, as it is just a form but not the law itself or the regs. To be super squeaky clean you may just enclose a letter with your additional explanation and tick the box ‘other’ on the form.

Okay, but can you answer this question?

Or put another way, in your view, the applicants reaching five years from ARI application date how far in the future could use this method and expect not to reach “final decision” too early to be denied due to lack of fulfilling five-year requirement?

For example, is it too early for December 2021 ARI applicants => December 2026 five-year completers to apply now?

The duration before citizenship decision quoted to me ( by lawyer) was 24 to 30 months after submission

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