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

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

Post by saleamcrown » Fri Oct 25, 2019 3:12 pm

Nre123 wrote:
Fri Oct 25, 2019 2:50 pm
I still remember when i told everyone that this will delay everything by atleast 7-8 months....we are already 1 month post the planned ceremony in sep. Law and legal issues take time to resolve....I would say at this stage that next ceremony would be in April next year earliest.

Unfortunately this will make normal processing times even longer due to huge backlog !
I think if the next ceremony until April so would be until the election finish and the new goverment done so would be until October

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

Post by saleamcrown » Sun Oct 27, 2019 7:58 pm


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

Post by Stress » Sun Oct 27, 2019 9:39 pm

Hi if someone is waiting for invitation letter have submitted gnib card and 950 but if gnib card was supposed to expire soon do we need to do something or just wait for ceremony and the invitation letter. ?

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

Post by CR001 » Sun Oct 27, 2019 9:42 pm

Stress wrote:
Sun Oct 27, 2019 9:39 pm
Hi if someone is waiting for invitation letter have submitted gnib card and 950 but if gnib card was supposed to expire soon do we need to do something or just wait for ceremony and the invitation letter. ?
This is not the correct topic for your questions.

Please continue in your existing topic where your question has already been answered!!

ireland/got-approval-letter-but-gnib-is ... l#p1838980
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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

Post by hakeem » Wed Oct 30, 2019 3:39 pm

From a legal point of view is there any time frame for a decision to be made? Like in our case is there a maximal period of time to be expected?

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

Post by aneelrahim » Wed Oct 30, 2019 5:31 pm

I just google it and find old news.

After the High Court hears a case it usually reserves judgment, meaning the judge adjourns matters to allow them to formulate and write a decision.

The majority of reserved judgments are issued within three months but, according to data obtained by The Irish Times, some judges are taking more than a year to issue their rulings, with decisions in five cases outstanding for more than two years.

https://www.irishtimes.com/news/crime-a ... 0?mode=amp

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

Post by Bealtaine » Wed Oct 30, 2019 6:08 pm

aneelrahim wrote:
Wed Oct 30, 2019 5:31 pm
I just google it and find old news.

After the High Court hears a case it usually reserves judgment, meaning the judge adjourns matters to allow them to formulate and write a decision.

The majority of reserved judgments are issued within three months but, according to data obtained by The Irish Times, some judges are taking more than a year to issue their rulings, with decisions in five cases outstanding for more than two years.

https://www.irishtimes.com/news/crime-a ... 0?mode=amp

Wow! That is shocking!
I was expecting to hear it in a couple of weeks or sometime in November to be honest.. thought sometime next week..

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

Post by aneelrahim » Wed Oct 30, 2019 6:29 pm

Majority get decision within 3 months. So I am very hopeful that we will get court decision in November.

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

Post by irishsaint » Thu Oct 31, 2019 2:20 pm

I had an idea this would be the answer but my anxieties got the better of me....



Thank you for your prompt response, can you advise if there is likely to be another ceremony this year?

Citizenship Info
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Dear ,

There is currently a legal issue regarding the continuous residence for
once year prior to date of application and as soon as this is resolved
preparation will commence for the next ceremony and invitations will issue
at least 4 weeks prior to the date of this ceremony. We ask for your
patience while we put in place a solution as an urgent priority. Further
updates will be posted on our website at www.inis.gov.ie and follow the tab
for citizenship.

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

Post by NiallPP » Thu Oct 31, 2019 4:15 pm

What are the thoughts of forum members about traveling until this is resolved? We are holding off making Christmas travel plans in case the decision is not overturned but it looks like nothing is moving even for people who have not left the country for a day since there are no new ceremonies planned. Is it a given that this will be overturned regardless or should we be holding off for some sort of news?

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

Post by Bealtaine » Thu Oct 31, 2019 5:11 pm

NiallPP wrote:
Thu Oct 31, 2019 4:15 pm
What are the thoughts of forum members about traveling until this is resolved? We are holding off making Christmas travel plans in case the decision is not overturned but it looks like nothing is moving even for people who have not left the country for a day since there are no new ceremonies planned. Is it a given that this will be overturned regardless or should we be holding off for some sort of news?
I travelled after submitting my application and getting the acknowledgement and passport back.

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

Post by ___iva___ » Thu Oct 31, 2019 7:01 pm

Bealtaine wrote:
Thu Oct 31, 2019 5:11 pm
NiallPP wrote:
Thu Oct 31, 2019 4:15 pm
What are the thoughts of forum members about traveling until this is resolved? We are holding off making Christmas travel plans in case the decision is not overturned but it looks like nothing is moving even for people who have not left the country for a day since there are no new ceremonies planned. Is it a given that this will be overturned regardless or should we be holding off for some sort of news?
I travelled after submitting my application and getting the acknowledgement and passport back.
My partner and I have also travelled, a year prior to application and after the application as if nothing of this has happened.

We have to travel for work and we are expats so we want to visit family back home regularly. I don’t think there should be an issue with that once this situation is resolved and if it’s within the reasonable 6 weeks in a year.

I do genuinely believe that we should continue with our lives. Family members and friends abroad are really important to us and we would be really sad not to see them for prolonged period of time.

In any case it might be easier for us because we are EU citizens so we are not in urgent need to be granted citizenship and we don’t feel as much of pressure.

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

Post by aneelrahim » Sun Nov 03, 2019 6:51 pm

Next two weeks are important.
If we get court decision this week or next week and if it doesnot require any law change then there is a chance that we will get ceremony on 16 Dec as per 4 week rule.
Else wait for next year jan 2020.

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

Post by M7edShin » Mon Nov 04, 2019 6:44 pm

aneelrahim wrote:
Sun Nov 03, 2019 6:51 pm
Next two weeks are important.
If we get court decision this week or next week and if it doesnot require any law change then there is a chance that we will get ceremony on 16 Dec as per 4 week rule.
Else wait for next year jan 2020.
Please keep an eye on that and update us as I literally following your updates :D let us know about what is going on regarding this on the following weeks pls, I am so sad that this might go to next year while the whole process it's already taking ages to give us citizenship plus the halt of the process now will make things even longer :cry:

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

Post by botabo » Tue Nov 05, 2019 7:18 pm

Hello. Today is November 5th, any news?
Thank you.

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

Post by botabo » Tue Nov 05, 2019 7:20 pm

aneelrahim wrote:
Fri Oct 25, 2019 8:28 am
Dáil Éireann Schedule

Dáil Éireann resumes on Tuesday 5 Nov at 2pm.

So I think there is no chance of ceremony in Nov.

If the court verdict announce in early Nov and new law pass in mid Nov then there is a hope that we will get ceremony in Dec.
Hello, any news? Thank you.

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

Post by nojoyfrominis » Wed Nov 06, 2019 8:03 am

https://www.google.co.uk/amp/s/www.iris ... 3fmode=amp

The article says there is no chance the bill can be passed this year. Hopefully High court ruling in favour of the minister will come soon.

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

Post by Stanina » Wed Nov 06, 2019 5:30 pm

It looks like there was conference on immigration with Taoiseach. Since no news about this thread topic, I guess it was not discussed or addressed. Although now ball is within different judicial system, although they could still change the law in meantime. :(

'Speaking at an Immigrant Council of Ireland conference in Dublin on Wednesday, Mr Varadkar said ...'
https://www.rte.ie/news/politics/2019/1 ... provision/

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

Post by aneelrahim » Wed Nov 06, 2019 5:57 pm

5 nov 2019

Question:
356. Deputy Sean Fleming asked the Minister for Justice and Equality the number of naturalisation applications on hand; the number of applications by the country of each applicant; the number of applications received in respect of each country from the oldest application to 2018 and to date in 2019, by country; the length of time applications have remained in the system without a resolution; his plans to follow-up on old applications; and if he will make a statement on the matter. [45160/19]

Answer

There are just over 20,000 applications for certificates of naturalisation on hand in respect of both adults and minors.

For applications decided in 2019, the average time from application to decision has been 10 months.

Complete detail below

https://www.oireachtas.ie/en/debates/qu ... 56/#pq_356

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

Post by botabo » Wed Nov 06, 2019 7:59 pm

aneelrahim wrote:
Wed Nov 06, 2019 5:57 pm
5 nov 2019

Question:
356. Deputy Sean Fleming asked the Minister for Justice and Equality the number of naturalisation applications on hand; the number of applications by the country of each applicant; the number of applications received in respect of each country from the oldest application to 2018 and to date in 2019, by country; the length of time applications have remained in the system without a resolution; his plans to follow-up on old applications; and if he will make a statement on the matter. [45160/19]

Answer

There are just over 20,000 applications for certificates of naturalisation on hand in respect of both adults and minors.

For applications decided in 2019, the average time from application to decision has been 10 months.

Complete detail below

https://www.oireachtas.ie/en/debates/qu ... 56/#pq_356
Thank you for this.
Do you know when is the date for a possible update? I couldn't find the information about this on the page.
Thanks again.

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

Post by Stanina » Thu Nov 07, 2019 8:15 am

aneelrahim wrote:
Wed Nov 06, 2019 5:57 pm
5 nov 2019
...
Answer
There are just over 20,000 applications for certificates of naturalisation on hand in respect of both adults and minors.
For applications decided in 2019, the average time from application to decision has been 10 months.
Complete detail below
...
https://www.oireachtas.ie/en/debates/qu ... 56/#pq_356
Thanks! it is good one!

Hmm, no changes to the law mentioned by Minister, he waits for High Court Decision-
" to applications processed during 2019 has been negatively impacted as a result of the recent High Court Judgment, of which we await an outcome from the Court of Appeal. The exact impact cannot be quantified at this remove, pending a successful resolution of same. "
botabo wrote:
Wed Nov 06, 2019 7:59 pm

Thank you for this.
Do you know when is the date for a possible update? I couldn't find the information about this on the page.
Thanks again.
I don't think anyone knows official date, possibly judges who are deciding about the appeal.

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

Post by irishsaint » Thu Nov 07, 2019 7:58 pm

Utter dribble and copy/paste answer.

You would think that a minister for Justice would actually have some say on this matter.

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

Post by aneelrahim » Fri Nov 08, 2019 6:19 pm


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

Post by Bealtaine » Fri Nov 08, 2019 7:03 pm

Argh.. perpetual reputation is utterly horrible. Humorous way to inculcate patience though..

Thanks for the updates Aneel.

Subjudice.. just hope it works out in our favour.

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

Post by Bealtaine » Fri Nov 08, 2019 7:10 pm

Can’t seem to edit it.

I meant perpetual repetition.

The way he went on about ‘this term’, I wonder if he meant prior to the Summer recess of 2020.. I’m hoping to hear a judgement in a week or two but if there is none by the end of the year, everything is going to drag on.

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