The Immigration Blog

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.

BAN ON VISAS FOR LIBYAN NATIONALS IN IRELAND

While Trump’s ‘Travel Ban’ may have made international headlines and drawn widespread criticism, Minister for Justice Frances Fitzgerald’s severe restrictions on Libyan nationals obtaining permission to enter Ireland has somehow escaped such public exposure and condemnation.

POLYGAMOUS MARRIGES IN IRELAND – THE CASE OF H.A.H AND S.A.A

On 15th June 2017, the Supreme Court case of H.A.H v S.A.A and Others ruled that the first marriage of a Lebanese man with two wives would be held as valid under Irish law, while his second marriage and all potentially subsequent marriages would not be legally recognised. The appeal followed from the case’s previous ruling in the High Court in 2010 which held that polygamous marriages were incompatible with the understanding of marriage in Ireland and in the Irish Constitution, and were thus entirely invalid.

UPDATE ON CONTINUED DELAYS IN PROCESSING OF VISAS FOR FAMILY MEMBERS OF EU CITIZENS

There are long and continued delays in the processing of visas for the family members of EU Citizens pursuant to Directive 2004/38/EC and the European Communities (Free Movement of Persons) Regulations 2015. We have highlighted this issue on our blog on several previous occasions.

SUPREME COURT RULING ON THE RIGHT TO WORK FOR ASYLULM SEEKERS

On Tuesday the 30th May 2017, The Supreme Court ruled in favour of a Burmese man’s appeal over the legal ban preventing him from working or seeking employment while under asylum seeker status. This is major depart from the current legislative position that prevents asylum seekers from working while they are in the asylum process.

The Immigration Blog

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.

BAN ON VISAS FOR LIBYAN NATIONALS IN IRELAND

While Trump’s ‘Travel Ban’ may have made international headlines and drawn widespread criticism, Minister for Justice Frances Fitzgerald’s severe restrictions on Libyan nationals obtaining permission to enter Ireland has somehow escaped such public exposure and condemnation.

POLYGAMOUS MARRIGES IN IRELAND – THE CASE OF H.A.H AND S.A.A

On 15th June 2017, the Supreme Court case of H.A.H v S.A.A and Others ruled that the first marriage of a Lebanese man with two wives would be held as valid under Irish law, while his second marriage and all potentially subsequent marriages would not be legally recognised. The appeal followed from the case’s previous ruling in the High Court in 2010 which held that polygamous marriages were incompatible with the understanding of marriage in Ireland and in the Irish Constitution, and were thus entirely invalid.

UPDATE ON CONTINUED DELAYS IN PROCESSING OF VISAS FOR FAMILY MEMBERS OF EU CITIZENS

There are long and continued delays in the processing of visas for the family members of EU Citizens pursuant to Directive 2004/38/EC and the European Communities (Free Movement of Persons) Regulations 2015. We have highlighted this issue on our blog on several previous occasions.

SUPREME COURT RULING ON THE RIGHT TO WORK FOR ASYLULM SEEKERS

On Tuesday the 30th May 2017, The Supreme Court ruled in favour of a Burmese man’s appeal over the legal ban preventing him from working or seeking employment while under asylum seeker status. This is major depart from the current legislative position that prevents asylum seekers from working while they are in the asylum process.