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Citizenship - can you leave while waiting

Forum to discuss all things Blarney | Ireland immigration

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Kethwall
Newly Registered
Posts: 1
Joined: Tue Nov 13, 2018 5:13 pm
Ireland

Citizenship - can you leave while waiting

Post by Kethwall » Tue Nov 13, 2018 5:21 pm

Hi,

We are currently waiting to receive approval on my gfs citizenship.

She applied in May and has received her number and passport but not the approval.

I have recently received a job offer abroad.

Does anyone know if there are any issues with her moving with me before she gets approval or visiting for an extended holiday ?

I do know she will have to travel back and attend a ceremony before her citizenship becomes official but haven’t found any reason why it would affect the process as she had lived and worked her with a stamp 4 before she applied.

Thanks

max307
Senior Member
Posts: 511
Joined: Thu Sep 22, 2016 7:58 am
Mood:
Ireland

Re: Citizenship - can you leave while waiting

Post by max307 » Tue Nov 13, 2018 5:43 pm

Kethwall wrote:
Tue Nov 13, 2018 5:21 pm
Hi,

We are currently waiting to receive approval on my gfs citizenship.

She applied in May and has received her number and passport but not the approval.

I have recently received a job offer abroad.

Does anyone know if there are any issues with her moving with me before she gets approval or visiting for an extended holiday ?

I do know she will have to travel back and attend a ceremony before her citizenship becomes official but haven’t found any reason why it would affect the process as she had lived and worked her with a stamp 4 before she applied.

Thanks
Definitely no issues with travelling abroad for holidays, short job related trips, etc.

I wouldn't risk it by moving abroad or leaving Ireland for an extended holiday at this point, I would wait until I have an Irish passport.

First of all she signed an application saying that her intention is to have Ireland as her usual or principle place of residence, this is certainly challengeable under EU law after someone is granted Irish citizen but at this point while application is being processed obviously a very compelling reason to stay.

The other point is that the assumption is that she will be granted naturalisation on the basis that she's able to support herself and won't be a burden in the State. She will need to inform INIS of any changes in her circumstances, specifically employment - if she leaves with you and they contact her employer, what's going to happen?
I am not a lawyer or immigration counselor, all views expressed are my own, my comments do not constitute legal advice.

2pac4ever
Junior Member
Posts: 71
Joined: Sun Sep 23, 2018 3:14 pm
Mood:
Ireland

Re: Citizenship - can you leave while waiting

Post by 2pac4ever » Tue Nov 13, 2018 8:17 pm

Brilliant response as usual @max307, a friend of mine is in a slightly similar situation as he has been working here for the past 7 years so is clearly eligible for the citizenship. But now he wants to move to France permanently and wanted to know if he could apply and move abroad. So, essentially he doesn’t want to settle in here. I told him that no country will allow that but he still wanted to chance his arm.

max307
Senior Member
Posts: 511
Joined: Thu Sep 22, 2016 7:58 am
Mood:
Ireland

Re: Citizenship - can you leave while waiting

Post by max307 » Tue Nov 13, 2018 8:33 pm

2pac4ever wrote:
Tue Nov 13, 2018 8:17 pm
Brilliant response as usual @max307, a friend of mine is in a slightly similar situation as he has been working here for the past 7 years so is clearly eligible for the citizenship. But now he wants to move to France permanently and wanted to know if he could apply and move abroad. So, essentially he doesn’t want to settle in here. I told him that no country will allow that but he still wanted to chance his arm.
Thank you @2pac4ever!

He's better off waiting for the Irish passport and then moving to France afterwards.
I am not a lawyer or immigration counselor, all views expressed are my own, my comments do not constitute legal advice.

2pac4ever
Junior Member
Posts: 71
Joined: Sun Sep 23, 2018 3:14 pm
Mood:
Ireland

Re: Citizenship - can you leave while waiting

Post by 2pac4ever » Tue Nov 13, 2018 8:54 pm

max307 wrote:
Tue Nov 13, 2018 8:33 pm
2pac4ever wrote:
Tue Nov 13, 2018 8:17 pm
Brilliant response as usual @max307, a friend of mine is in a slightly similar situation as he has been working here for the past 7 years so is clearly eligible for the citizenship. But now he wants to move to France permanently and wanted to know if he could apply and move abroad. So, essentially he doesn’t want to settle in here. I told him that no country will allow that but he still wanted to chance his arm.
Thank you @2pac4ever!

He's better off waiting for the Irish passport and then moving to France afterwards.
That was my advice to him too @max307 would you advise the same if he were moving to a non-EU country after being granted the citizenship?

max307
Senior Member
Posts: 511
Joined: Thu Sep 22, 2016 7:58 am
Mood:
Ireland

Re: Citizenship - can you leave while waiting

Post by max307 » Tue Nov 13, 2018 9:07 pm

2pac4ever wrote:
Tue Nov 13, 2018 8:54 pm
max307 wrote:
Tue Nov 13, 2018 8:33 pm
2pac4ever wrote:
Tue Nov 13, 2018 8:17 pm
Brilliant response as usual @max307, a friend of mine is in a slightly similar situation as he has been working here for the past 7 years so is clearly eligible for the citizenship. But now he wants to move to France permanently and wanted to know if he could apply and move abroad. So, essentially he doesn’t want to settle in here. I told him that no country will allow that but he still wanted to chance his arm.
Thank you @2pac4ever!

He's better off waiting for the Irish passport and then moving to France afterwards.
That was my advice to him too @max307 would you advise the same if he were moving to a non-EU country after being granted the citizenship?
After citizenship is granted he can move anywhere he wants to.

I know the law around Irish naturalisation mentions that Irish citizenship could be revoked if the person to whom it is granted has been residing out of Ireland for a continuous period of 7 years and without reasonable excuse has not during that period registered annually with declaration of his/her intention to retain Irish citizenship with an Irish diplomatic mission or consular office but this is certainly challengeable under EU law.

Ireland can't under EU law discriminate against its citizens (by birth or descent VS. naturalised) or restrict the movement of Irish citizens which are after all EU citizens as well.
I am not a lawyer or immigration counselor, all views expressed are my own, my comments do not constitute legal advice.

BabyJane
Newly Registered
Posts: 17
Joined: Wed Oct 17, 2018 8:53 pm
Ireland

Re: Citizenship - can you leave while waiting

Post by BabyJane » Wed Nov 14, 2018 5:51 pm

This is really interesting. What do you mean by registering annually? Registering where? Doesn’t make sense to restrict anyone’s movement - people move for different reasons. Surely, everyone who moved to Australia, UK, US and Canada would have their citizenship stripped years ago

max307 wrote:
Tue Nov 13, 2018 9:07 pm
2pac4ever wrote:
Tue Nov 13, 2018 8:54 pm
max307 wrote:
Tue Nov 13, 2018 8:33 pm
2pac4ever wrote:
Tue Nov 13, 2018 8:17 pm
Brilliant response as usual @max307, a friend of mine is in a slightly similar situation as he has been working here for the past 7 years so is clearly eligible for the citizenship. But now he wants to move to France permanently and wanted to know if he could apply and move abroad. So, essentially he doesn’t want to settle in here. I told him that no country will allow that but he still wanted to chance his arm.
Thank you @2pac4ever!

He's better off waiting for the Irish passport and then moving to France afterwards.
That was my advice to him too @max307 would you advise the same if he were moving to a non-EU country after being granted the citizenship?
After citizenship is granted he can move anywhere he wants to.

I know the law around Irish naturalisation mentions that Irish citizenship could be revoked if the person to whom it is granted has been residing out of Ireland for a continuous period of 7 years and without reasonable excuse has not during that period registered annually with declaration of his/her intention to retain Irish citizenship with an Irish diplomatic mission or consular office but this is certainly challengeable under EU law.

Ireland can't under EU law discriminate against its citizens (by birth or descent VS. naturalised) or restrict the movement of Irish citizens which are after all EU citizens as well.

max307
Senior Member
Posts: 511
Joined: Thu Sep 22, 2016 7:58 am
Mood:
Ireland

Re: Citizenship - can you leave while waiting

Post by max307 » Wed Nov 14, 2018 6:01 pm

BabyJane wrote:
Wed Nov 14, 2018 5:51 pm
This is really interesting. What do you mean by registering annually? Registering where? Doesn’t make sense to restrict anyone’s movement - people move for different reasons. Surely, everyone who moved to Australia, UK, US and Canada would have their citizenship stripped years ago

max307 wrote:
Tue Nov 13, 2018 9:07 pm
2pac4ever wrote:
Tue Nov 13, 2018 8:54 pm
max307 wrote:
Tue Nov 13, 2018 8:33 pm

Thank you @2pac4ever!

He's better off waiting for the Irish passport and then moving to France afterwards.
That was my advice to him too @max307 would you advise the same if he were moving to a non-EU country after being granted the citizenship?
After citizenship is granted he can move anywhere he wants to.

I know the law around Irish naturalisation mentions that Irish citizenship could be revoked if the person to whom it is granted has been residing out of Ireland for a continuous period of 7 years and without reasonable excuse has not during that period registered annually with declaration of his/her intention to retain Irish citizenship with an Irish diplomatic mission or consular office but this is certainly challengeable under EU law.

Ireland can't under EU law discriminate against its citizens (by birth or descent VS. naturalised) or restrict the movement of Irish citizens which are after all EU citizens as well.
I do agree 100% with your point of view @BabyJane and as I said before pretty sure this is something that can be challenged in court but unfortunately that's the current law in Ireland for Irish citizenship by naturalisation, it does not apply for citizenship by birth or descent. Please see link below:

http://www.irishstatutebook.ie/eli/1956 ... html#sec19
I am not a lawyer or immigration counselor, all views expressed are my own, my comments do not constitute legal advice.

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