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You are, unless you are married to a British citizen. However, if you have exercised treaty rights for any five consecutive years ending before 2015, you will have acquired PR before 2015 and hence would already have met the requirement of holding PR 1 year before application.flann wrote:Am I subject to the requirement that I first apply for ILR/PR and hold this for 12 months before applying for a UK Passport?
Yes.flann wrote:I assume I would still be required to do the Life-in-UK test?
You can apply for naturalisation through NCS, which will take a copy of your passport and other documents and return them to you there and then. I believe that Ireland also does an Irish passport card that allows for travel within the EEA. You may wish to invest in that.flann wrote:I'm concerned about being without my only (Irish) passport for an extended period of time
I agree with your expectation.flann wrote:likely that UK HO going to be overwhelmed in next few months with applications.
I would say that being Irish is low risk if the UK stays together. Of course, should Scots come to need visas to work in England, then the Irish would also need them. Which country do you live in?flann wrote:Question: Given the risks around the Brexit negotiations (i.e. that status of Irish citizens and the Common Travel Area), should I apply for British ILR / Passport?
If you are settled in the UK, and have not had recent long absences, you will be eligible for naturalisation on the basis of three years lawful residence, being settled, and being married to a British citizen. LitUK is required, but the UK government takes the common-sense though potentially offensive view that the Republic of Ireland is an English-speaking country.flann wrote:If so, do I have to use the EEA-PR form or is there an alternative route for an Irish settled person? Am I subject to the requirement that I first apply for ILR/PR and hold this for 12 months before applying for a UK Passport? I assume I would still be required to do the Life-in-UK test?
NCS cannot help you with PR application (to be honest though the application would probably cost less than NCS, and it's very easy anyway).flann wrote:Thank you both for the very useful response. I'll just submit my Permanent Residency application using EEA(PR). I don't know whether NCS does Perm Residency applications or only Naturalisation.
Incidentally, I've checked my old Irish passports and none have ILR stamps.
Also, dont know whether this changes anything but:
1. I'm married to a non-EEA woman who is here in the UK with EEA ILR (based on me exercising my rights as a European citizen). She can apply for a British Passport one of these days (she's had her EEA ILR for about a year now)
2. I was previously married (since divorced) to a British woman but I never bothered to apply for a British passport at the time (I assume that I can't rely on that marriage to side-step the 1-year ILR requirement)?
What has this got to do with anything? It merely says that the Republic is not a foreign country and that therefore its citizens are not foreigners. If you read the relevant bit of Section 50 of the British Nationality Act 1981, you will findObie wrote:For as long as the Republic of Ireland Act 1949 remains in force, this will be the position..
Schedule 3 is entitled "Countries Whose Citizens are Commonwealth Citizens", and is a list of commonwealth countries. Can you find me any British law that says that Canada (but not the Republic of Ireland) is a foreign country? On the other hand, Canadians residing in the UK are not necessarily settled.“ foreign country ” means a country other than the United Kingdom, a British overseas territory , a country mentioned in Schedule 3 and the Republic of Ireland;
Obie wrote:It is got a lot to do with everything.
It is on the basis of this legislation that Irish citizen are considered settled from the day they take up residence, the children of Irish citizens are entitled to claim British citizenship.
An Irish person can be a referee for a British passport application or Naturalisation application in the same way as a British citizen.
You are seeking to mix up rights under the Regulations, which an Irish citizen has, from rights which the act confers on Irish citizens. This confers on them settled status from day 1. They do not need PR certificate to confirm this right.
Obie wrote:The question is whether you have lived here for 5 year.
For other EEA nationals, they need to establish lawful residence in accordance with the EEA regulation for 5 years, and this means exercising treaty rights. IRISH CITIZEN only need to show 5 years residence.
PR certificate will only be relevant to them for the purpose of their non EEA family member.
Can you offer me a history lesson? When did Irishmen come to have greater privileges than Canadians and citizens of the United Kingdom and Colonies? When, if ever, before 1983 did some citizens of the United Kingdom and Colonies come to be foreigners?Obie wrote:It is on the basis of this legislation that Irish citizen are considered settled from the day they take up residence, the children of Irish citizens are entitled to claim British citizenship.
(Section 8 relates to exemptions from the IA 1971.)Subject to section 8(5) above, references to a person being settled in the United Kingdom are references to his being ordinarily resident there without being subject under the immigration laws to any restriction on the period for which he may remain.
The most significant exclusion is the Immigration (Control of Entry through Republic of Ireland) Order 1972, which almost limits beneficiaries to Irish citizens. I believe an American citizen who has spent his entire life in the Republic would benefit, but non-Irish beneficiaries seem to be limited to those born in the British Isles.Arrival in and departure from the United Kingdom on a local journey from or to any of the Islands (that is to say, the Channel Islands and Isle of Man) or the Republic of Ireland shall not be subject to control under this Act, nor shall a person require leave to enter the United Kingdom on so arriving, except in so far as any of those places is for any purpose excluded from this subsection under the powers conferred by this Act; and in this Act the United Kingdom and those places, or such of them as are not so excluded, are collectively referred to as “the common travel area”.
But does this flow from the definition of 'foreign', or is it just part of the tradition of making no distinction?Obie wrote:An Irish person can be a referee for a British passport application or Naturalisation application in the same way as a British citizen.
I just don't see how the 1971 Immigration Act allows a young Irishman to enter England by ferry from Calais as though by right. (Irishmen resident in the UK when the act came into force automatically got ILR by Section 1(2).) The only rights I can see there are those under the EEA Regulations, which appear to spring from subsequent regulation. The special rights of Irishmen derive from the Common Travel Area, and that's not relevant to travel across the English Channel.You are seeking to mix up rights under the Regulations, which an Irish citizen has, from rights which the act confers on Irish citizens. This confers on them settled status from day 1. They do not need PR certificate to confirm this right.
[b]Irish citizens[/b] wrote: Irish citizens are not subject to restrictions when they travel to the United
Kingdom. In order for their child to gain British nationality, they would have to
be considered as resident here in order to fulfil the requirements of the Act.
Irish citizens may be automatically accepted as settled for the purpose of
section (1)(1)(b) unless there is clear evidence to the contrary. For example,
if staff were advised that the parent was on a short visit to the UK, or that long
periods of residence had been spent outside the UK, it would be appropriate
to ask the applicant for further clarification.
Following the introduction of the full birth certificate policy, it will now be
necessary to be satisfied that the parent is an Irish citizen. In the absence of
an Irish passport, the parent’s birth certificate confirming birth in the Irish
Republic before 1 Jan 2005 will be required, together with the parents'
marriage certificate if status is obtained through the father.
By Jove, that ain't half true. There's the argument that it is because Ireland is not a foreign country that it's citizens are settled if ordinarily resident. However, that argument clearly doesn't apply for Commonwealth countries, so I am puzzled as to how it can apply to Ireland. Can anyone explain the logic? Remember that we have a 'Foreign and Commonwealth Office', and aliens can generally only be engaged in the Civil Service if they benefit under the Freedom of Movement Directive - Section 6 of the Aliens Restriction (Amendment) Act 1919, as overridden by EU law. Thus, the alien, non-EEA wife of a German may be employed, but the alien, non-EEA wife of a Briton may only be employed if she benefits from Surinder Singh. 'Alien' means neither an Irish nor a Commonwealth citizen. (The status of non-citizen British nationals looks a bit confused.)secret.simon wrote:Irish citizens are assumed to be settled on arrival in the UK for the purposes of Section 1(1)(b) of the BNA 1981. That is to say that their children born in the UK are automatically British.
However, clear documentation on that for the purposes of naturalisation is thin on the ground.
Disturbingly, that list makes no provision for most relevant non-working Irish parents. I searched Chapter 3 for 'Ireland' and 'Irish', and found nothing. The list is out of date in that it makes no mention of stand-alone cards, but the position of the Irish has not changed over the past 40 years.Evidence of a parent's settled status in the United Kingdom is:
- an immigration officer's stamp in a passport showing the holder has been given leave to enter the United Kingdom for an indefinite period or without any restriction on the period of stay; or
- a Home Office stamp in a passport or Police Registration Certificate or on a personal file showing the holder has indefinite leave to remain in the United Kingdom or that there is no limit on the stay here; or
- a Home Office letter to the effect that the addressee has been granted indefinite leave to remain in the United Kingdom; or
- (if the child was born in the United Kingdom before 2 October 2000) evidence that one of the parents was an EEA national who, at the time of the birth, was exercising EC Treaty rights in the United Kingdom
We finally have some documentary support for the position that a DCPR is not needed for an Irish national to naturalise.8.2.1 The following persons are not regarded as being in breach of the immigration laws for the purposes of the BNA 1981 just because they do not have the right of abode or leave to enter or remain:
- People who:
(a) are citizens of the Republic of Ireland, and
(b) last arrived in the UK on a local journey from the Republic of Ireland, entitled to enter without leave by virtue of section 1(3) of the Immigration Act 1971.
- People who are entitled to reside here without leave under EC law as extended by the European Economic Area Agreement;
OK, I disproved myself in one respect. It's what allows Irish citizens allowed to work in the UK to be employed in the Civil Service, and will continue to do so even if the CTA and the EU/EEA cease to be.Richard W wrote:What has this got to do with anything?Obie wrote:For as long as the Republic of Ireland Act 1949 remains in force, this will be the position..
I've now answered my own question, and I'll record the answer here as it has some slight relevance. The Commonwealth immigrants Act 1962 explicitly applied to Irish citizens just as it did to British subjects (as we then were). However, in return for Ireland applying the act to its own borders, the UK did not apply the act against Irish citizens moving within the CTA. In primary legislation, the privileged position was given by the Immigration Act 1971 to the CTA geographical entity of the Republic of Ireland, with the privilege being largely restricted to Irish citizens by the Immigration (Control of Entry through Republic of Ireland) Order 1972.Richard W wrote:When did Irishmen come to have greater privileges than Canadians and citizens of the United Kingdom and Colonies?
Article 3(6). There is no article 6 in the amendment.Richard W wrote:Article 6
Richard W wrote:Article 3(6). There is no article 6 in the amendment.Richard W wrote:Article 6
[/quote]Richard W wrote:Article 3(6). There is no article 6 in the amendment.Richard W wrote:Article 6