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What is my entitlement

Forum to discuss all things Blarney | Ireland immigration

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Fluttershyshy
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What is my entitlement

Post by Fluttershyshy » Sun Aug 17, 2014 5:43 pm

When I was 11 my mother moved us to the UK from the USA and we survived on a six month visa. At the age of two I was adopted, my birth certificate lists my adoptive mother as my original mother.

I first found out and was able to understand somewhat the issue with our visas was when I went on a school trip to France at the age of 14/15. Upon our attempts to go home I was held and detained for an hour and a half. From this my mother was called and told that she has until a certain date (roughly three months) to either get our visas sorted or to go back to America.

After this ran out my mother was happy for us both to live in the UK illegally, once I turned 17 and moved out I wanted to get myself sorted out and regularized so that I could continue on my life that I had built here, so I could continue on my education, and progress into an adult life here in my now home the UK. I moved out into a friend’s family household, this being because I am unable to work or acquire any help from the government. The mother of the household started immediately to help me become regularized. From various help lines and advice lines we found a form for which we would apply directly to the UK Home Office (FLR FP) and proceeded to fill it out raise money from various charities and managed to pay for the form. From this application the best, I have been told, I can hope for is a 30 month visa, that I am to this date unaware of what category it would be under. Due to this application the UK Home Office have in their possession, my original American passport.

As all of this was happening MY mother managed to acquire an Irish Passport through the Irish Foreign Birth Registry,(her grandfather was born in Ireland and moved and started his family in America, my mother has copies of her birth certificate, her father's birth certificate and her grandfather's certificate) this meaning that now she is a citizen of Southern Ireland and I am still awaiting an outcome from the Home Office. My question is would it not be simpler, easier, and straighter forward for me to, now, that my mother has an Irish passport to apply for Irish citizenship and be regularized for life, rather than waiting for an uncertain visa that would only last me for 30 months.

I would be go grateful to know what ANY of my options are.

Obie
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Re: What is my entitlement

Post by Obie » Sun Aug 17, 2014 9:37 pm

you adopted mother should have registered your adoption at the Irish embassy in America, then you will have been able to claim Irish Citizen.

Children of Irish Citizen by descent can acquire Irish citizenship, provided the parents register their birth, or in your case, adoption at the Irish embassy. It appears this was not done in your case. It may be possible to do ir retrospectively, seen as you are still at the age of minority.

In the mean time you can qualify for right of residence in the UK under EU law if your mother is currently exercising treaty rights as a worker or self employed in the UK.

That is more cheaper and has a higher prospect of success than the FLR(FP) application that you have made.
Smooth seas do not make skilful sailors

Obie
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Re: What is my entitlement

Post by Obie » Sun Aug 17, 2014 9:48 pm

Obie wrote:you adopted mother should have registered your adoption at the Foreign Birth Registry, then you will have been able to claim Irish Citizen.

Children of Irish Citizen by descent can acquire Irish citizenship, provided the parents register their birth, or in your case, adoption at the foreign birth registry. It appears this was not done in your case. It may be possible to do it not that she has secured Irish Nationality.

In the mean time you can qualify for right of residence in the UK under EU law if your mother is currently exercising treaty rights as a worker or self employed in the UK.

That is more cheaper and has a higher prospect of success than the FLR(FP) application that you have made.
Smooth seas do not make skilful sailors

Fluttershyshy
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Re: What is my entitlement

Post by Fluttershyshy » Mon Aug 18, 2014 10:06 am

What would be the procedure for me to register myself towards getting Irish Citizenship as I have now turned 18? My mother has gotten her Irish Citizenship whilst living in the UK with no current visa, since she has managed can I acquire Citizenship while living in the UK with no valid visa?

I have in m possession a PHOTOCOPY of my mother being on the Irish Foreign Births Register, and a PHOTOCOPY of her Irish passport. I have ORIGINALS of my Birth Certificate and my American passport. Also would I have to mention that I adopted as on my birth certificate it does not say that I am adopted ANYWHERE on the document, and lists my adopted mother as my mother on the document, as is normal in the USA.

Could anyone please give any advice as soon as possible, thank you.

Obie
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Re: What is my entitlement

Post by Obie » Mon Aug 18, 2014 10:19 am

if she was on the register before your birth or adoption then you are an Irish Citizen from the day of your adoption, otherwise from the day of the registration.

It appears you will qualify for Irish Citizenship.
Smooth seas do not make skilful sailors

Fluttershyshy
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Re: What is my entitlement

Post by Fluttershyshy » Mon Aug 18, 2014 10:30 am

My mothers registration is 02 May 2014, this being so I would have to apply, in my own right, to get on the Irish Foreign Births Register?

Is there any website or helpline number to get more information on this?

Obie
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Re: What is my entitlement

Post by Obie » Mon Aug 18, 2014 10:35 am

Smooth seas do not make skilful sailors

Fluttershyshy
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Re: What is my entitlement

Post by Fluttershyshy » Mon Aug 18, 2014 10:44 am

Thank you for the link.

Is £200 fees for everyone? Is there any charity from where I could get help with the £200 fee, as I am an unemployed (due to not having a visa) young adult with no savings.

Obie
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Re: What is my entitlement

Post by Obie » Mon Aug 18, 2014 10:48 am

You can qualify under the UK EEA route on the basis of your mother's nationality. That will cost £55.00.

One you get that, you can work, or claim benefit until you find work, and you can do the citizenship later
Smooth seas do not make skilful sailors

Fluttershyshy
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Re: What is my entitlement

Post by Fluttershyshy » Mon Aug 18, 2014 10:52 am

Can i apply for EEA while i am in UK with no valid visa?

I can't go to USA as i don't know anyone there.

Obie
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Re: What is my entitlement

Post by Obie » Mon Aug 18, 2014 11:44 am

Yes you can. I believe that is your best option at this present time.

I feel very sympathetic with your plight at present.

The only requirement to succeed is that your mother is working or seeking work, and she is an Irish Citizen
Smooth seas do not make skilful sailors

Fluttershyshy
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Re: What is my entitlement

Post by Fluttershyshy » Mon Aug 18, 2014 11:56 am

Do you think that EEA is still a best option even if i manage to get £200 (borrow from my all friends)? I think EEA would last only for 6 months.

My mum is a Irish Citizen but i don't think she works.

Obie
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Re: What is my entitlement

Post by Obie » Mon Aug 18, 2014 12:00 pm

I know it is certainly better that the FLR ( FP) that you made.

If you can raise the money then that will be a good and the best option for you.
Smooth seas do not make skilful sailors

jeupsy
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Re: What is my entitlement

Post by jeupsy » Mon Aug 18, 2014 3:18 pm

You should definitely double-check, but I don't think you qualify for Irish Citizenship.

Your mother only became Irish when she was added to the Foreign Births Register. As she was not Irish yet when you were born/adopted and she was not born in Ireland, she cannot pass her Irish citizenship to you.

Here is my source: http://www.citizensinformation.ie/en/mo ... scent.html


"Since 1 July 1986, a person registered in the Foreign Births Entry Book after 1986 is deemed to be an Irish citizen only from the date of his/her entry in the Register and not from the date of birth. This means that children born to that person before his/her date of entry in the Register are not entitled to citizenship."


Having said that, with an EU citizen mother living in the country and as mentioned by other posters, things should be easier for you.

Fluttershyshy
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Re: What is my entitlement

Post by Fluttershyshy » Mon Aug 18, 2014 4:52 pm

Some else has just mentioned me this same thing and as per https://www.dfa.ie/passports-citizenshi ... ign-birth/

An Application for Irish citizenship through Foreign Birth Registration (FBR) can be submitted by any person with a grandparent born in any part of Ireland or by any person whose parent received Irish citizenship or was deemed to be an Irish citizen prior to the birth of the applicant.

What i suppose to do now :(

jeupsy
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Re: What is my entitlement

Post by jeupsy » Mon Aug 18, 2014 10:38 pm

If you are under 21 and your mother is working or studying, I definitely agree with what was said before, applying under EU treaty rights is your best bet.
Your mother will need to provide some paperwork to support the fact that she is working or studying.

Otherwise I know Irish citizen enjoy more extensive right than other EU citizen with regards to living in the UK and as far as I remember their is no requirement for them to be working to stay in the country more than 3 months (these rights are defined in UK local laws rather than EU laws). I have no idea if this can extend to their non irish direct family members, but it might be worth looking into it.

All the best and fair play to you for trying to sort your messy situation. Feeling a very sorry for you as none of it seems to be your own fault but on the other hand the UK government is right to push back as it is not their fault either if one of your family member immigrated you illegally and refused to leave.

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