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

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

Post by fuzzbizz » Wed Jul 17, 2019 12:10 pm

The court has ruled that "continuous residence" means you may not spend one day outside of Ireland in the year prior to application.

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

Post by littlerr » Wed Jul 17, 2019 1:01 pm

I heard about the judgement a few days ago and I thought it was a joke. Didn’t even bother searching for it... Jesus this is insane.

It will need to be overturned or preferably a new legislation should be introduced.

http://courts.ie/Judgments.nsf/0/0E91C6 ... 39003BC2B4

Spire01
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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by Spire01 » Wed Jul 17, 2019 1:12 pm

Hi, thanks for sharing this information,
What does this mean now, are they saying the applicant cannot spend even a day outside Ireland during the year before application??....how is it even possible??,, what about holidays, etc... Any idea if this new rule will be taken into consideration for the citizenship applications already in hand with INIS or will it be only for future applications??

Thanks & Regards.

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

Post by fuzzbizz » Wed Jul 17, 2019 1:21 pm

Hard to say but right now, yes, it means you couldn't even travel to Donegal via Northern Ireland for instance. It's pretty terrible.

I believe it does in fact affect pending applications, but I'm not sure.

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

Post by Spire01 » Wed Jul 17, 2019 1:35 pm

Hi fuzzbizz, that's totally insane...may be they might consider this for future applications by making necessary announcements, publications on INIS website or so.... if they apply this on existing applications, most of the 10K+ applications they have in hand to date will be refused...doesn't make any sense at all right..

Regards.

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

Post by Obie » Wed Jul 17, 2019 1:37 pm

The minister will have to refuse to accept this, at least for pending applications.
This restrictive interpretation of continuous residence is simply perverse. The Court of Appeal will have to set it aside, in as far as it restrict the minister's discretion. There needs to be immediate legislation to remedy this or an appeal to the higher court and a stay on execution.
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 » Wed Jul 17, 2019 1:54 pm

All of us should contact our local TDs. This is absurd and needs to be challenged. www.whoismytd.com

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

Post by kupuser » Wed Jul 17, 2019 2:00 pm

Wow... unbelievable. That could mean majority of applications might be disqualified automatically.

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

Post by dunks1887 » Wed Jul 17, 2019 2:13 pm

https://www.thejournal.ie/citizenship-h ... 1TJqMAbgfw

All current applications will be rejected under the new rule according to the solicitor quoted in this article

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

Post by ___iva___ » Wed Jul 17, 2019 2:44 pm

Is this for real? This can't be true, it doesn't make sense.

All of the above points and some of us travel for work. It's a bit too restrictive :shock:

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

Post by Obie » Wed Jul 17, 2019 2:44 pm

I believe one has to keep a cool and steady head and wait to hear from the minister of Justice.

The department is very silent at present.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

Nre123
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Re: Court rules "continuous residence" means you CANNOT LEAVE IRELAND AT ALL for year before application

Post by Nre123 » Wed Jul 17, 2019 3:07 pm

The guy for whom this judgement was done was outside of country for 100 days !! Thats too much anyways....lets wait and watch !

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

Post by dunks1887 » Wed Jul 17, 2019 3:14 pm

They definitely chose one of the most extreme cases too. Out of the country for 97 days on holiday...not even work. That's bordering on not even being subject to taxation in Ireland based on residency. It makes all of our applications look frivolous like we are all jet setting around the world for half a year at a time.

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

Post by takeabow » Wed Jul 17, 2019 4:02 pm

THIS IS INSANE. My wife has stuck to the 6 week rule this year despite a sick family member in the USA and overseas work commitments. And some judge makes a nonsensical decision and pulls out the metaphorical rug. I feel sick.....we were due to apply tomorrow. Appointment with the solicitor all lined up. I haven’t told her yet. She is going to be devastated. I don’t have the words

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

Post by ___iva___ » Wed Jul 17, 2019 4:15 pm

Obie wrote:
Wed Jul 17, 2019 2:44 pm
I believe one has to keep a cool and steady head and wait to hear from the minister of Justice.

The department is very silent at present.
I agree with this as I think this has blown out of proportion a bit.

I have a feeling that this will be sorted for sure as it doesn’t make any sense.

I hope they will come forward with an official statement soon. :idea:

There has to be a reasonable solution

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

Post by littlerr » Wed Jul 17, 2019 4:20 pm

takeabow wrote:
Wed Jul 17, 2019 4:02 pm
THIS IS INSANE. My wife has stuck to the 6 week rule this year despite a sick family member in the USA and overseas work commitments. And some judge makes a nonsensical decision and pulls out the metaphorical rug. I feel sick.....we were due to apply tomorrow. Appointment with the solicitor all lined up. I haven’t told her yet. She is going to be devastated. I don’t have the words
I’m sure it won’t cause any long term effect as an appeal is imminent, but maybe just hold off applying for it for now.

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

Post by water_tank1 » Wed Jul 17, 2019 4:21 pm

I only applied yesterday :cry:

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

Post by Obie » Wed Jul 17, 2019 4:27 pm

If the judge is correct in his interpretation and the fact that the minister cannot provide a concession, then it essentially mean all Naturalisation Certificate that the Minister had issued under Section 15 are ultra vires, in circumstances where a person left the state at any point in time in the 12 months leading to their naturalisation application. This will be absurd.

The Judge could have simply confined his views to the issue at hand, rather than going on a wild goose chase. One can safely say he is a bit of an overzealous judge.
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 Finepaddy » Wed Jul 17, 2019 5:37 pm

According to judgement people who already got passport through 5 year residence and if they had gap in last year then it mean all those approved passport now become illegal and if people voted in any election after getting passport those votes are now invalid. When judge was providing his expert opinion did he consider now a days people are waiting more then 3 year on citizenship applications to be approve, did he think about them on human rights ground that how they expect them to not visit their families.
Plenty of multinational companies working in Ireland with more than 80 % foreigners working for them so after his judgement they want them to refuse any training or promotional opportunities just because Ireland has law from 1956 and one morning judge decided to look on dictionary what continues mean ?
Second when minister of Justice has no discretionary powers then why he was keep approving citizenship applications.

Now either they bring amendments in 1956 citizenship act or someone challenge this case in supreme court.
Both ways it will show u level of mentality they have towards dealing issues.

Some jo kers in Government still thinks Ireland will benefit from Brexit when companies move here. Specially even when there own dont finish school level.


I think judge wife is from brazil and he dont want to be with her so simple change whole citizenship definition.

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

Post by Obie » Wed Jul 17, 2019 6:08 pm

This judge is not a bad judge, I think he was just being a bit legalistic in this regards.
I accept he ought to have asked himself, what could have been the intention of the Oireachtas, was it the intention in 1956, to essential imprison a migrant in the state for 12 months, in order to grant them citizenship. He clearly would have answered that question in the negative.

He passed 4 judgements on that day, it was only Mr Jones that did not end well. He granted an order of certiorari in two other cases, including a Nigerian woman who had being wrongly refused on character grounds. He granted certiorari in 2 other EU law cases. His reasoning were very clear and thorough.

I do not think this judge has any animus toward.
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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