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After EU referendum is British Citizenship worth?

This is the area of this board to discuss the referendum taking place in the UK on 23rd June 2016. Also to discuss the ramifications of the EU-UK deal.

Differing views will be respected. Rudeness to other members will not be welcome.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

secret.simon
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Re: After EU referendum is British Citizenship worth?

Post by secret.simon » Tue Jun 28, 2016 9:48 am

No, Irish nationality law is separate and distinct from British nationality law and UK immigration law.

I am not aware of Irish migration law and whether it recognises ILR as equivalent of settled in Ireland.

However, a child born in Northern Ireland to a person holding ILR (or a British citizen) would automatically be a British citizen (as per UK law) and would also be entitled to Irish citizenship by applying for an Irish passport (as per Irish law), in addition to any citizenships inherited from the parents.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Obie
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Location: UK/Ireland
Ireland

Re: After EU referendum is British Citizenship worth?

Post by Obie » Tue Jun 28, 2016 10:12 am

secret.simon wrote:
However, a child born in Northern Ireland to a person holding ILR (or a British citizen) would automatically be a British citizen (as per UK law) and would also be entitled to Irish citizenship by applying for an Irish passport (as per Irish law), in addition to any citizenships inherited from the parents.
That is not Irish law, and is incorrect. A child born in Noret thern Ireland to parents with ILR will not automatically qualify for Irish citizenship, unless the parents have resided lawfully in Northern Ireland for a period of 3 years in the last 4 prior to the birth of the child.

Parents may qualify on the basis of Irish association , at discretion of the minister, but they may need to be in the Irish Republic.
Smooth seas do not make skilful sailors

Wanderer
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Ireland

Re: After EU referendum is British Citizenship worth?

Post by Wanderer » Tue Jun 28, 2016 2:20 pm

secret.simon wrote:Thanks for the info. I am planning to go there for Swiss National Day and to look up the Swiss model too ;) I may PM you some time in the future, if that is OK with you.
No problem!

I'm here in Bern at the moment, lovely city, and not a beggar in sight, unlike in Leeds with their two sympathy dogs and tins of Stella. But it was £1.80 for a pee in Bern HbF, I'm not paying that, and found a proper free 'pissoir' in the City, always nice to pee in public, there are modesty boards but lots of gaps.

Generally though seems a bit cheaper than 2011 last time I was here, beer is 6 quid a pint now instead of 8 quid. Lots in the news about Brexit and EFTA but the German is too hard for me.

This is the place for me, I know I'd happily see out my days here. Just get the last kid off to uni!
An chéad stad eile Stáisiún Uí Chonghaile....

secret.simon
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Re: After EU referendum is British Citizenship worth?

Post by secret.simon » Tue Jun 28, 2016 3:30 pm

I am fairly certain that I am correct in my interpretation.

Section 6 of the Irish Nationality and Citizenship Act 1956 states
6.—(1) Subject to section 6A (inserted by section 4 of the Irish Nationality and Citizenship Act 2004), every person born in the island of Ireland is entitled to be an Irish citizen.
Section 6A starts
(1) A person born in the island of Ireland shall not be entitled to be an Irish citizen unless a parent
of that person has, during the period of 4 years immediately preceding the person’s birth, been resident in the island of Ireland for a period of not less than 3 years or periods the aggregate of which is not less than 3 years.
But continues
(2) This section does not apply to—
(c) a person born in the island of Ireland—
(i) to parents at least one of whom was at the time of the person’s birth a British citizen or a person entitled to reside in Northern Ireland without any restriction on his or her period of residence,
So, as I interpret it, the restrictions listed in Section 6A(1) does not apply if a parent has ILR and the child is born in either Northern Ireland or the Republic of Ireland.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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ILR1980
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Pakistan

Re: After EU referendum is British Citizenship worth?

Post by ILR1980 » Tue Jun 28, 2016 11:35 pm

secret.simon wrote:I am fairly certain that I am correct in my interpretation.

Section 6 of the Irish Nationality and Citizenship Act 1956 states
6.—(1) Subject to section 6A (inserted by section 4 of the Irish Nationality and Citizenship Act 2004), every person born in the island of Ireland is entitled to be an Irish citizen.
Section 6A starts
(1) A person born in the island of Ireland shall not be entitled to be an Irish citizen unless a parent
of that person has, during the period of 4 years immediately preceding the person’s birth, been resident in the island of Ireland for a period of not less than 3 years or periods the aggregate of which is not less than 3 years.
But continues
(2) This section does not apply to—
(c) a person born in the island of Ireland—
(i) to parents at least one of whom was at the time of the person’s birth a British citizen or a person entitled to reside in Northern Ireland without any restriction on his or her period of residence,
So, as I interpret it, the restrictions listed in Section 6A(1) does not apply if a parent has ILR and the child is born in either Northern Ireland or the Republic of Ireland.
Interesting. Thanks for information

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