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Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

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Obie
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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by Obie » Thu Jul 18, 2019 9:20 am

No spouses of Irish citizen dont necessarily have to be in the state. It suffices that they were resident in the island of Ireland, so they can move between the state and Northern Ireland, without being affected.

I disagree that only 1% will succeed. It is not unusual for a person not to have travelled in a 12 months calender year.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by dunks1887 » Thu Jul 18, 2019 9:36 am

It can't be more than 10-15%. Thinking just from my own coworkers and family/friends the only person I know who hasn't traveled outside of Ireland, even to the UK, in the past 12 months is my husband's 95 year old granny. Most people who hold employment also have 20 or more days holidays a year. Most, if not all, take advantage of those days abroad, especially those that can afford the €175 application fee and the further ~€1000 needed to be naturalised.

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by littlerr » Thu Jul 18, 2019 9:45 am

I honestly don’t know a single person in my friends/colleagues/classmates list who hasn’t travelled abroad in the last 12 months.

We have 120+ staff in our Dublin branch and every single one of them has travelled abroad for holiday or business. I have access to our staff leave database which collects data on whether the staff requested for leave for a holiday abroad or domestic.

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by Nadzer » Thu Jul 18, 2019 10:10 am

I managed to get though to the helpline this morning. The lady on the phone was super helpful and understanding.
They are just as shocked as we are. But the general mood is "don't worry, it will get sorted".
They also said they they might have to contact all applicants and advise on the situation but this hast been decided yet.
They are not stopping processing as of this morning.
I applied in October 2018 so was hoping to hear back soon.

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by zepman » Thu Jul 18, 2019 10:27 am

Obie wrote:
Thu Jul 18, 2019 9:20 am

I disagree that only 1% will succeed. It is not unusual for a person not to have travelled in a 12 months calender year.
Agreed. When I applied for mine 3 years ago, I hadn't gone out of the country the year immediately prior to the application date. My wife applied for hers last year, and her application is still being processed. After I heard the news yesterday, I immediately checked her travel dates since she had visited family abroad in the previous calendar year. But turns out it was just before the 12 months leading up to her application date, so she is on the clear.

I remember that in the year leading up to my application, I was particular about not travelling abroad, just to be on the safer side. I had the same thinking for my wife's application as well, and that is probably why we did her application 12 months after her return from her family visit, even though she was eligible months earlier.

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by nojoyfrominis » Thu Jul 18, 2019 10:39 am

That is one way of clearing the backlog. Refuse 90% applications :D :D

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by Obie » Thu Jul 18, 2019 10:48 am

It will be hard for the minister to refuse applications in circumstances where people held legitimate expectations in light of the 6 weeks concession. They paid the naturalisation fees and legal fees on the understanding that the minister's concession will be applied to them. To refuse them without refunding their fees will be plainly wrong and could lead to legal challenges.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by Spire01 » Thu Jul 18, 2019 11:02 am

According to this link, there are atleast 12000+ applications pending for decision with INIS:

https://www.oireachtas.ie/en/debates/qu ... 04-25/112/

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by Spire01 » Thu Jul 18, 2019 11:04 am

Apologies, wrong link.

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by Spire01 » Thu Jul 18, 2019 11:10 am


dunks1887
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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by dunks1887 » Thu Jul 18, 2019 11:12 am

zepman wrote:
Thu Jul 18, 2019 10:27 am
Obie wrote:
Thu Jul 18, 2019 9:20 am
I remember that in the year leading up to my application, I was particular about not travelling abroad
That's all well and good, but for many of us being 'particular' about traveling abroad would involve us needing to quit our jobs or go on career leave for that year. I still argue that less than 10% can afford to be so particular for either work or personal reasons, holidays aside.

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by niccim » Thu Jul 18, 2019 11:19 am

Meanwhile, the Minister is doing PR rounds for Keith Byrne. Is anyone else frustrated with this case?

His visa was denied because he has drug convictions in Ireland. He stayed anyway and worked illegally as a house painter. He always had the opportunity to live a safe life in Ireland with a guaranteed visa for his family. Instead, he felt he was entitled to stay in the USA.

How many South Americans have drug convictions at home, then work illegally in manual labour in the US? We aren't seeing many stories about them in the news. Yet there is a massive outpouring of sympathy for this guy. And, of course, tens of thousands of us sit and wait for answers from the minister for years.

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by nojoyfrominis » Thu Jul 18, 2019 11:23 am

You are an immigrant if coming from a third world country but an expat if from a first world country

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by Lorenna » Thu Jul 18, 2019 11:36 am

I have written to both of my TD's this afternoon about this. I have already had a reply from one saying they had a huge series of urgent queries with the minister around this and will get back to me once they hear more.

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by Issagenius » Thu Jul 18, 2019 11:50 am

You mind sending a draft copy of email you send to your TD, need to email my TD.

Think everyone should do this and apply pressure to them

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by White_Pearl » Thu Jul 18, 2019 11:56 am

dunks1887 wrote:
Thu Jul 18, 2019 9:14 am
[quote=water_tank1 post_id=<a href="tel:1804254">1804254</a> time=<a href="tel:1563438995">1563438995</a> user_id=174067]

Does the new ruling specify which basis the application is on or is it covering all applications?

It covers all applications made based on residency, whether that's via marriage or 5 years on a work permit, etc. I would say, as the ruling currently stands, 99% of applications for naturalisation based on residency are now eligible for refusal, except for the odd case of the person who hasn't stepped one foot out of Ireland in the past calendar year(e.g.- the extremely old and possibly those with very young children).
[/quote]

And what about application for eu-nationals? Our passports doesn’t get stamped at all while travelling in EU and some other non eu countries when we travel on our eu-id card....?

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by nojoyfrominis » Thu Jul 18, 2019 12:15 pm

Our passports don’t get stamped but they have all the info on airline database when you check in to flights

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by Captainf » Thu Jul 18, 2019 12:19 pm


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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by takeabow » Thu Jul 18, 2019 1:51 pm

My local TD has confirmed that this cannot be dealt with legislatively until the 17 September, but it is the hope that the issue can be dealt with in a single sitting at that time. So even if it is dealt with “pretty quickly once the Dail resumes” we are looking at end Sep earliest before any clarity. In the meantime I guess our hopes hinge on an immediate appeal in the courts, which reaffirms that the ministers 6 week discretion is appropriate.

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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by takeabow » Thu Jul 18, 2019 1:54 pm

nojoyfrominis wrote:
Thu Jul 18, 2019 12:15 pm
Our passports don’t get stamped but they have all the info on airline database when you check in to flights
Does that include access to domestic UK airline databases between Belfast and a mainland UK airport. You don’t need a passport for them.

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