Irishman in the U.K.

[Thasnap]

I was just wondering, a man from the Republic of Ireland who is living in U.K and has a child born in U.K works and pays taxes, if this man would hold the same Constitutional rights as any other British citizen?

[JulesN19]

In practice, such an individual enjoys much the same rights as any British citizen living in the UK. Irish citizens have a Common Travel Area entitlement to take up permanent residence in the UK, which is usually more favourable than the rights afforded to other EEA citizens. (The CTA entitlement does not prevent reliance on EEA free movement rights where they are more favourable.)

Irish citizens who live in the UK can take up employment and/or claim benefits on the same terms as British citizen. (As the habitual residence test is based upon residence within the Common Travel Area, of which Ireland is part, an Irish citizen will usually only have problems with regard to residence history if he has lived outside the CTA. British citizens who return to the UK from outside the CTA can have similar problems.) Additionally, Irish citizens who live in the UK have the right to vote and stand for office whilst living here as if they were British.

There are, of course, some differences. An Irish citizen can be liable to deportation if he commits very serious crimes. An Irish citizen who is not British will not be able to hold a British passport and normally cannot receive the same consular assistance abroad from the British government. Additionally, whereas a British citizen who ceases to reside in the UK can continue to vote in Parliamentary elections for up to 14 years following his departure, Irish citizens' voting rights in the UK only apply whilst resident in the UK.

If you would like a further explanation, you may enjoy reading the report that Lord Goldsmith prepared for the last government on the rights of citizenship.

[Thasnap]

Thank you very much for that wonderful answer, I am assuming that Irishman could claim Common Law Of The Land jurisdiction, is this right?

[JulesN19]

Thank you very much for that wonderful answer, I am assuming that Irishman could claim Common Law Of The Land jurisdiction, is this right?

The common law on nationality effectively no longer applies, as British nationality law is now determined by statute that departs from the common law position.

The ability to bring claims in the English courts, whether arising through common law or otherwise, would apply to a person of any nationality where the English courts have jurisdiction. The residence, domicile, or nationality of the parties can be relevant to the question of jurisdiction in some claims.

[JAJ]

I was just wondering, a man from the Republic of Ireland who is living in U.K and has a child born in U.K works and pays taxes, if this man would hold the same Constitutional rights as any other British citizen?

Why don't you apply for naturalisation as a British citizen, if you have the necessary residence years?