- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator
Not only that, but the UK lays out the circumstances under which discretion can be applied, up to 180 days in the last year providing certain other tests are met.Obie wrote: ↑Wed Jul 17, 2019 6:24 pm
In the UK, there is a 12 months continuous residence requirements, but the law makes clear that absence must not exceed 90 days. The Irish state ought to have done something similar with this 6 weeks.
Section 15(1)(c) really does not confer a discretion on the minister, and the judge is right on that. The 6 weeks cannot be given by the minister, if the statute does not afford it.
One can only imagine what that coded statement implies.We are studying the decision carefully and would take any necessary action in consultation with the Attorney General.
Clutching at straws, imaginary ones, but is there any mechanism here by which the minister can pass emergency and immediate legislation, perhaps pending a full debate after the summer break, in order to keep the wheels turning? Or does everything have to go through the full legislative process?
C. O'Mahony, UCC LawAs well as having serious policy implications, this is just bad statutory interpretation. The judge opts for a dictionary definition () of “continuous” which makes no sense in the scheme of the Act and cannot have been the intention of the Oireachtas writing the law.
Not to mention possible implications if same definition applied to other Acts - eg "continuous day to day care" for 12 months as a condition for guardianship or custody applications. Don't leave the kids with a childminder/relative if you want to apply ...
Not all applicants make travel overseas in the 12 months leading to their application. Only those that did, will be affected by this decision. I guess it may be a very small amount.
water_tank1 wrote: ↑Thu Jul 18, 2019 8:36 am
Does the new ruling specify which basis the application is on or is it covering all applications?
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.