kabuki wrote: ↑
Sun Jan 28, 2018 8:12 pm
Where is there info on this? - "one of you had most recently entered the UK from the Republic of Ireland". My wife (Dutch) lived in Ireland for 12+ years, but she never took up Irish citizenship. We both lived there together before moving to England.
The law seems not to be well understood. The most relevant piece of law is Article 4(1) of The Immigration (Control of Entry through Republic of Ireland) Order 1972
. This is what enabled Irishmen to be treated as settled as soon as they took up residence in the UK, whereas Australians, who are also not foreigners, were not so treated, unless they had right of abode (= patriality at the time). The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2014
, which came into force on 12 October 2014, extended, in its Article 6, the beneficiaries from those who were "a citizen of the Republic of Ireland" to those who were "an EEA national, or a person who is entitled to enter or remain in the United Kingdom by virtue of an enforceable EU right or any provision made under section 2(2) of the European Communities Act 1972”. The original article is why there is such a peculiar concept as a "qualifying CTA entitlement" in the definition now in the British Nationality Act 1981 of who is not in breach of the immigration laws. I found it amusing to read Hansard on the matter, e.g. at https://publications.parliament.uk/pa/l ... 2-0004.htm
. You two don't qualify for a "qualifying CTA entitlement", as that is still restricted to Irish citizens, but you avoid being in breach of the immigration laws by your enforceable EU rights.
Entry before 12 October 2014 wouldn't count.
However, remember that naturalisation is at discretion - you could probably be refused on the basis that you were cheating. However, your son's legal position would not be subject to discretion - he either is or is not a British citizen. Note that if you are a visa national, you are probably excluded by Article 3(b)(i).