The Immigration Blog

UPDATE ON ASYLUM SEEKERS RIGHT TO WORK IN IRELAND

Last May, the Supreme Court found the law preventing those in direct provision from working unconstitutional. We are now awaiting the Ministers to approve changes to the law which will permit some individuals subject to direct provision to work. The Irish Government is expected to adopt an EU directive to fulfill their obligations as required by the Supreme Court.

THE RIGHT OF NON-NATIONAL SPOUSES OF IRISH CITIZENS TO RESIDE IN IRELAND: GORRY V MINISTER FOR JUSTICE AND EQUALITY

The Court of Appeal has considered the right of an Irish citizen to have their non-national spouse reside with them in Ireland in the case of Gorry v Minister for Justice and Equality [2017]. The Court concluded that an Irish citizen does not have an absolute right to have their spouse reside with them, and acknowledged “the right to control aliens, their entry into the State, their departure, and their activities within the State, is part of the inherent power of the State as a sovereign State.” However the Court emphasised the duty of the Minister, on behalf of the State, to thoroughly consider the rights of the couple as a family within the meaning of the Irish Constitution and the rights of the individual as a citizen and to balance such rights against the interests of the State to determine whether an individual may reside in Ireland with their Irish spouse.

IMPORTANT NOTICE REGARDING NATURALISATION APPLICATIONS AND RECKONABLE RESIDENCE

Reckonable residence is the duration of an individual’s residence in Ireland considered when examining an application for naturalisation. It is the period of lawful residence in Ireland excluding any time spent as an asylum seeker or on a student visa. To be eligible to apply for naturalisation in Ireland an individual must have acquired five years reckonable residence in Ireland, the Minister may make exceptions and waive a certain period of reckonable residence where the individual is a refugee, stateless or has Irish associations.

BREXIT AND THE PROBLEM OF THE IRISH BORDER

The renewal of a hard border between Ireland and the British province of Northern Ireland has proved one of the most sensitive issues in the wake of Brexit negotiations with the European Union. Many people fear that a reinstatement of a hard boundary will negatively impact trade and immigration between the two territories.

ACQUIRING IRISH CITIZENSHIP FOR NON EEA RESIDENTS IN NORTHERN IRELAND

The UK’s impending departure from the EU causes concern to the majority of residents in Northern Ireland who voted against Brexit in the referendum. Consequently, our office is receiving increased queries from persons resident in Northern Ireland seeking advices on acquiring Irish citizenship. Under the terms of the Good Friday Agreement, persons born in Northern Ireland have the option of taking up British citizen, Irish citizenship, or both as dual citizens. The Irish Nationality and Citizenship Act 1956, as amended, governs the law in Ireland regarding Irish citizenship. Under this law. Irish citizenship can be acquired by birth, descent, and through the naturalisation process.

RIGHTS OF DUAL NATIONALS TO FAMILY REUNIFICATION IN EU TREATY RIGHTS LAW

Under EU law, EU citizens who are exercising their EU treaty rights by working or actively seeking employment in another EU country have the right to have their family members live with them. However, the position is much less clear for those with dual-nationality EU citizenship, when the EU citizen is living in the country of which they are a citizen. Regarding the position under Irish law, the INIS website states;

REFUSALS OF LEAVE TO LAND

The recent news of a Brazilian woman who was detained overnight in Mountjoy Prison by Garda immigration officers has created waves of outcry from opposition politicians and members of the public. Paloma Aparezida Silva-Carvalho (24) was detained upon arrival in Dublin Airport on 18th July, despite the fact she was non visa required, she had proof of return flights home, and there was no obvious reason for the decision to refuse her leave to land.   Ms Silva-Carvalho was visiting Ireland on holidays, to stay with a Galway family with whom she had worked as an au pair.

DIPLOMATIC RELATIONSHIP (MISC ) BILL 2017

The Dáil debates regarding the Diplomatic Relations (Misc) Bill 2017 have reached their second stage of talks. The Bill purports to amend the Diplomatic Relations and Immunities Act 1967, as well as to enhance the clarity of various arrangements with respect to the staff of diplomatic missions and international organisations.

The Immigration Blog

UPDATE ON ASYLUM SEEKERS RIGHT TO WORK IN IRELAND

Last May, the Supreme Court found the law preventing those in direct provision from working unconstitutional. We are now awaiting the Ministers to approve changes to the law which will permit some individuals subject to direct provision to work. The Irish Government is expected to adopt an EU directive to fulfill their obligations as required by the Supreme Court.

THE RIGHT OF NON-NATIONAL SPOUSES OF IRISH CITIZENS TO RESIDE IN IRELAND: GORRY V MINISTER FOR JUSTICE AND EQUALITY

The Court of Appeal has considered the right of an Irish citizen to have their non-national spouse reside with them in Ireland in the case of Gorry v Minister for Justice and Equality [2017]. The Court concluded that an Irish citizen does not have an absolute right to have their spouse reside with them, and acknowledged “the right to control aliens, their entry into the State, their departure, and their activities within the State, is part of the inherent power of the State as a sovereign State.” However the Court emphasised the duty of the Minister, on behalf of the State, to thoroughly consider the rights of the couple as a family within the meaning of the Irish Constitution and the rights of the individual as a citizen and to balance such rights against the interests of the State to determine whether an individual may reside in Ireland with their Irish spouse.

IMPORTANT NOTICE REGARDING NATURALISATION APPLICATIONS AND RECKONABLE RESIDENCE

Reckonable residence is the duration of an individual’s residence in Ireland considered when examining an application for naturalisation. It is the period of lawful residence in Ireland excluding any time spent as an asylum seeker or on a student visa. To be eligible to apply for naturalisation in Ireland an individual must have acquired five years reckonable residence in Ireland, the Minister may make exceptions and waive a certain period of reckonable residence where the individual is a refugee, stateless or has Irish associations.

BREXIT AND THE PROBLEM OF THE IRISH BORDER

The renewal of a hard border between Ireland and the British province of Northern Ireland has proved one of the most sensitive issues in the wake of Brexit negotiations with the European Union. Many people fear that a reinstatement of a hard boundary will negatively impact trade and immigration between the two territories.

ACQUIRING IRISH CITIZENSHIP FOR NON EEA RESIDENTS IN NORTHERN IRELAND

The UK’s impending departure from the EU causes concern to the majority of residents in Northern Ireland who voted against Brexit in the referendum. Consequently, our office is receiving increased queries from persons resident in Northern Ireland seeking advices on acquiring Irish citizenship. Under the terms of the Good Friday Agreement, persons born in Northern Ireland have the option of taking up British citizen, Irish citizenship, or both as dual citizens. The Irish Nationality and Citizenship Act 1956, as amended, governs the law in Ireland regarding Irish citizenship. Under this law. Irish citizenship can be acquired by birth, descent, and through the naturalisation process.

RIGHTS OF DUAL NATIONALS TO FAMILY REUNIFICATION IN EU TREATY RIGHTS LAW

Under EU law, EU citizens who are exercising their EU treaty rights by working or actively seeking employment in another EU country have the right to have their family members live with them. However, the position is much less clear for those with dual-nationality EU citizenship, when the EU citizen is living in the country of which they are a citizen. Regarding the position under Irish law, the INIS website states;

REFUSALS OF LEAVE TO LAND

The recent news of a Brazilian woman who was detained overnight in Mountjoy Prison by Garda immigration officers has created waves of outcry from opposition politicians and members of the public. Paloma Aparezida Silva-Carvalho (24) was detained upon arrival in Dublin Airport on 18th July, despite the fact she was non visa required, she had proof of return flights home, and there was no obvious reason for the decision to refuse her leave to land.   Ms Silva-Carvalho was visiting Ireland on holidays, to stay with a Galway family with whom she had worked as an au pair.

DIPLOMATIC RELATIONSHIP (MISC ) BILL 2017

The Dáil debates regarding the Diplomatic Relations (Misc) Bill 2017 have reached their second stage of talks. The Bill purports to amend the Diplomatic Relations and Immunities Act 1967, as well as to enhance the clarity of various arrangements with respect to the staff of diplomatic missions and international organisations.