ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

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

Forum to discuss all things Blarney | Ireland immigration

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

Locked
luckyfish1985
Newbie
Posts: 39
Joined: Sun Oct 20, 2019 3:41 pm
India

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

Post by luckyfish1985 » Thu Nov 14, 2019 3:42 pm

I Believe the solictor play a key role to appeal his case back in 2018...
instead of appealing this again ..if he apply a new aplicaiton he might get citizienship by this time..

i am eagaly waiting for an update in INIS.GoV.ie about this whole issue and what will be the next step.... :roll: :roll: :roll:

Omad24
Newbie
Posts: 47
Joined: Thu Sep 05, 2019 2:04 pm
Afghanistan

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

Post by Omad24 » Thu Nov 14, 2019 3:46 pm

I’ve blamed the Aussie guy and his lawyer too. Literally caused thousands to be delayed. He could have just waited a year but he thought and his lawyer thought they were doing something

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

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

Post by Obie » Thu Nov 14, 2019 3:54 pm

This could well go to the supreme Court, no certainty that this is over yet.

I am happy about the ruling but I still think this is a legislative matter. The court cannot do the job of the Oireachtas. Nor is the minister's job to mitigate the effect of section 15C.

The only means by which the effect of that provision can mitigated is via statute.
Smooth seas do not make skilful sailors

nojoyfrominis
Member
Posts: 171
Joined: Sat Jun 09, 2018 9:27 pm

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

Post by nojoyfrominis » Thu Nov 14, 2019 4:01 pm

If appealed, it would only be for decision against Jones and hopefully will not affect interpretation of continuous residence. Unless justice Barrett takes offence and appeals against the decision. 😜
The court ruling does imply that dail need to legislate for it so there is no confusion for applicants

dunks1887
Newbie
Posts: 30
Joined: Tue Feb 05, 2019 1:50 pm
United States of America

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

Post by dunks1887 » Thu Nov 14, 2019 4:03 pm

I really hope Mr.Jones and his solicitor just leaves this issue be at this point. He needs to be patient like all of us have been (while he brought the system to a screeching halt) and try not to go on so many holidays in one year. I'm sure his employer will appreciate it. :roll:

Alixlboy
Member of Standing
Posts: 321
Joined: Sat Jan 28, 2017 12:12 pm
Ireland

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

Post by Alixlboy » Thu Nov 14, 2019 4:09 pm

I kept emphasising that the deciding people's fate based on Dictionaries is “unworkable”, “overly literal”, “unduly rigid” and gives rise to an “absurdity” and now finally the court has also realised that.
But still, there is no proper guideline regarding the 6 weeks absence rule, whether the minister has the authority for that too or not.
Still thank God, we still have some clarity and there will be invitations sent to people now.
I was not absent from the State for even one day during the last year prior to my application, but still had to suffer due to this time-wasting drama and see what comes out? Nothing.
The judge who gave the initial judgement must be ashamed of himself. It wasted a lot of time for a lot of people.

Let's hope we all get our invitations in the post soon now.

Omad24
Newbie
Posts: 47
Joined: Thu Sep 05, 2019 2:04 pm
Afghanistan

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

Post by Omad24 » Thu Nov 14, 2019 4:15 pm

Alixlboy wrote:
Thu Nov 14, 2019 4:09 pm
I kept emphasising that the deciding people's fate based on Dictionaries is “unworkable”, “overly literal”, “unduly rigid” and gives rise to an “absurdity” and now finally the court has also realised that.
But still, there is no proper guideline regarding the 6 weeks absence rule, whether the minister has the authority for that too or not.
Still thank God, we still have some clarity and there will be invitations sent to people now.
I was not absent from the State for even one day during the last year prior to my application, but still had to suffer due to this time-wasting drama and see what comes out? Nothing.
The judge who gave the initial judgement must be ashamed of himself. It wasted a lot of time for a lot of people.

Let's hope we all get our invitations in the post soon now.
Same here I haven’t left the country actually for 3 years.

danielmensah
Junior Member
Posts: 60
Joined: Mon May 06, 2019 2:40 pm
Ghana

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

Post by danielmensah » Thu Nov 14, 2019 4:17 pm

Alixlboy wrote:
Thu Nov 14, 2019 4:09 pm
I kept emphasising that the deciding people's fate based on Dictionaries is “unworkable”, “overly literal”, “unduly rigid” and gives rise to an “absurdity” and now finally the court has also realised that.
But still, there is no proper guideline regarding the 6 weeks absence rule, whether the minister has the authority for that too or not.
Still thank God, we still have some clarity and there will be invitations sent to people now.
I was not absent from the State for even one day during the last year prior to my application, but still had to suffer due to this time-wasting drama and see what comes out? Nothing.
The judge who gave the initial judgement must be ashamed of himself. It wasted a lot of time for a lot of people.

Let's hope we all get our invitations in the post soon now.
Exactly me too didn't not even step out of this country the last year prior to my application and now we have all suffered for it. I hope this drama doesn't continue by going to Supreme Court. I have anxiously waited for over 2 years because I know citizenship is privilege and not right.
I hope the justice department do the needful as quickly as possible by sending out the invitation letters to us all.
Is there any possibility we can still have a ceremony this year?

Omad24
Newbie
Posts: 47
Joined: Thu Sep 05, 2019 2:04 pm
Afghanistan

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

Post by Omad24 » Thu Nov 14, 2019 4:22 pm

danielmensah wrote:
Thu Nov 14, 2019 4:17 pm
Alixlboy wrote:
Thu Nov 14, 2019 4:09 pm
I kept emphasising that the deciding people's fate based on Dictionaries is “unworkable”, “overly literal”, “unduly rigid” and gives rise to an “absurdity” and now finally the court has also realised that.
But still, there is no proper guideline regarding the 6 weeks absence rule, whether the minister has the authority for that too or not.
Still thank God, we still have some clarity and there will be invitations sent to people now.
I was not absent from the State for even one day during the last year prior to my application, but still had to suffer due to this time-wasting drama and see what comes out? Nothing.
The judge who gave the initial judgement must be ashamed of himself. It wasted a lot of time for a lot of people.

Let's hope we all get our invitations in the post soon now.
Exactly me too didn't not even step out of this country the last year prior to my application and now we have all suffered for it. I hope this drama doesn't continue by going to Supreme Court. I have anxiously waited for over 2 years because I know citizenship is privilege and not right.
I hope the justice department do the needful as quickly as possible by sending out the invitation letters to us all.
Is there any possibility we can still have a ceremony this year?
Hopefully we do. My gnib is with them and because something similar happened last year. They should do a ceremony them holding onto gnibs for so long is not their nature

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

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

Post by Obie » Thu Nov 14, 2019 4:27 pm

I do not think Mr Jones can be blame for seeking to vindicate his perceived rights.

I believe his case is without merit. I also believe the Oireachtas needs to get its act together and legislate on this matter.
Smooth seas do not make skilful sailors

robber
Newly Registered
Posts: 11
Joined: Tue Sep 10, 2019 10:00 am
Ireland

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

Post by robber » Thu Nov 14, 2019 4:38 pm

Omad24 wrote:
Thu Nov 14, 2019 4:22 pm
danielmensah wrote:
Thu Nov 14, 2019 4:17 pm
Alixlboy wrote:
Thu Nov 14, 2019 4:09 pm
I kept emphasising that the deciding people's fate based on Dictionaries is “unworkable”, “overly literal”, “unduly rigid” and gives rise to an “absurdity” and now finally the court has also realised that.
But still, there is no proper guideline regarding the 6 weeks absence rule, whether the minister has the authority for that too or not.
Still thank God, we still have some clarity and there will be invitations sent to people now.
I was not absent from the State for even one day during the last year prior to my application, but still had to suffer due to this time-wasting drama and see what comes out? Nothing.
The judge who gave the initial judgement must be ashamed of himself. It wasted a lot of time for a lot of people.

Let's hope we all get our invitations in the post soon now.
Exactly me too didn't not even step out of this country the last year prior to my application and now we have all suffered for it. I hope this drama doesn't continue by going to Supreme Court. I have anxiously waited for over 2 years because I know citizenship is privilege and not right.
I hope the justice department do the needful as quickly as possible by sending out the invitation letters to us all.
Is there any possibility we can still have a ceremony this year?
Hopefully we do. My gnib is with them and because something similar happened last year. They should do a ceremony them holding onto gnibs for so long is not their nature

Same here ! My GINB will expire end of this month ! Should as then to send back for a renewal or just wait ?

Phaedra
Newly Registered
Posts: 12
Joined: Mon Sep 02, 2019 9:37 am
South Africa

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

Post by Phaedra » Thu Nov 14, 2019 4:42 pm

Hurrah! :D

Now holding thumbs for a December ceremony. I've been without a GNIB,like many, for a really long time and this has been pretty anxiety inducing for many. I genuinely hope for all our sake this gets the ball rolling again and we dont get bogged down in further shenanigans.

Now I suppose the biggest questions are will this hold and will we have a ceremony in 2019 or 2020?
Still, celebrations are in order.

zaza7625
Member of Standing
Posts: 307
Joined: Thu May 21, 2009 10:03 pm
Georgia

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

Post by zaza7625 » Thu Nov 14, 2019 4:48 pm

Hi.
I did not quite understand the decision of court what really happaned.can people still leave the state up to 6 weeks prior to application?
My application is being processed and i ve got second stage letter couple of months ago. I was out of state 4 weeks as my holliday, do i still need to worry about that?

Omad24
Newbie
Posts: 47
Joined: Thu Sep 05, 2019 2:04 pm
Afghanistan

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

Post by Omad24 » Thu Nov 14, 2019 4:49 pm

robber wrote:
Thu Nov 14, 2019 4:38 pm
Omad24 wrote:
Thu Nov 14, 2019 4:22 pm
danielmensah wrote:
Thu Nov 14, 2019 4:17 pm
Alixlboy wrote:
Thu Nov 14, 2019 4:09 pm
I kept emphasising that the deciding people's fate based on Dictionaries is “unworkable”, “overly literal”, “unduly rigid” and gives rise to an “absurdity” and now finally the court has also realised that.
But still, there is no proper guideline regarding the 6 weeks absence rule, whether the minister has the authority for that too or not.
Still thank God, we still have some clarity and there will be invitations sent to people now.
I was not absent from the State for even one day during the last year prior to my application, but still had to suffer due to this time-wasting drama and see what comes out? Nothing.
The judge who gave the initial judgement must be ashamed of himself. It wasted a lot of time for a lot of people.

Let's hope we all get our invitations in the post soon now.
Exactly me too didn't not even step out of this country the last year prior to my application and now we have all suffered for it. I hope this drama doesn't continue by going to Supreme Court. I have anxiously waited for over 2 years because I know citizenship is privilege and not right.
I hope the justice department do the needful as quickly as possible by sending out the invitation letters to us all.
Is there any possibility we can still have a ceremony this year?
Hopefully we do. My gnib is with them and because something similar happened last year. They should do a ceremony them holding onto gnibs for so long is not their nature

Same here ! My GINB will expire end of this month ! Should as then to send back for a renewal or just wait ?
Absolutely. Call them immediately or email them. Or send a post. Try calling them Tuesday before you send a post. Repeatedly call them. It’s very important that you do. Because you can’t attend ceremony with expired gnib. Sorry you are going through this

ibsp
Newly Registered
Posts: 16
Joined: Fri Sep 13, 2019 2:21 pm

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

Post by ibsp » Thu Nov 14, 2019 5:48 pm

http://justice.ie/en/JELR/Pages/PR19000280
Statement from Minister Flanagan on the decision of the Court of Appeal re citizenship applications

14 November 2019

“While the full judgement will need to be studied in its entirety over the coming days, I very much welcome today’s decision of the Court of Appeal with regard to citizenship applications.

“I understand that, for applicants, their families and their friends, the past few months will have been quite stressful. Today, the Court has provided legal clarity, and upheld the lawfulness of our residency rules governing citizenship through naturalisation.

“As I stated on various occasions since July, the processing of applications has continued. I have now asked my officials to do everything possible to organise a Citizenship Ceremony to take place in December. Further ceremonies will take place early in 2020.

“I want to assure applicants that my Department will provide at least 4 weeks’ notice in advance of ceremonies to allow applicants to make any necessary arrangements. Details will be published on the Department of Justice and Equality website over the coming weeks.”

nojoyfrominis
Member
Posts: 171
Joined: Sat Jun 09, 2018 9:27 pm

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

Post by nojoyfrominis » Thu Nov 14, 2019 5:57 pm

So there could be a December ceremony . I guess that will be a smaller ceremony for people already approved

Omad24
Newbie
Posts: 47
Joined: Thu Sep 05, 2019 2:04 pm
Afghanistan

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

Post by Omad24 » Thu Nov 14, 2019 5:58 pm

Thank you god.....

Thank you for posting

dk2019
Newly Registered
Posts: 7
Joined: Tue Aug 20, 2019 4:48 pm
Russia

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

Post by dk2019 » Thu Nov 14, 2019 6:00 pm

Thank you so much for sharing!! What a relief!! Thank you everyone who has been posting updates today and keeping everyone in the loop! I hope everything works out for all of you!

dunks1887
Newbie
Posts: 30
Joined: Tue Feb 05, 2019 1:50 pm
United States of America

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

Post by dunks1887 » Thu Nov 14, 2019 6:01 pm

A December ceremony but they'll also give 4 weeks notice? They better hurry the hell up with the invites because we're already one month out from mid-December and I doubt they have a ceremony the week of Christmas or between Christmas and NYE.

danielmensah
Junior Member
Posts: 60
Joined: Mon May 06, 2019 2:40 pm
Ghana

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

Post by danielmensah » Thu Nov 14, 2019 6:07 pm

ibsp wrote:
Thu Nov 14, 2019 5:48 pm
http://justice.ie/en/JELR/Pages/PR19000280
Statement from Minister Flanagan on the decision of the Court of Appeal re citizenship applications

14 November 2019

“While the full judgement will need to be studied in its entirety over the coming days, I very much welcome today’s decision of the Court of Appeal with regard to citizenship applications.

“I understand that, for applicants, their families and their friends, the past few months will have been quite stressful. Today, the Court has provided legal clarity, and upheld the lawfulness of our residency rules governing citizenship through naturalisation.

“As I stated on various occasions since July, the processing of applications has continued. I have now asked my officials to do everything possible to organise a Citizenship Ceremony to take place in December. Further ceremonies will take place early in 2020.

“I want to assure applicants that my Department will provide at least 4 weeks’ notice in advance of ceremonies to allow applicants to make any necessary arrangements. Details will be published on the Department of Justice and Equality website over the coming weeks.”
Cant wait to have my own approval letter in coming days after over 2 years in waiting. This is a good development honestly. Thanks for sharing. :D :D :D
God bless Flanagan, God bless Republic of Ireland.

zaza7625
Member of Standing
Posts: 307
Joined: Thu May 21, 2009 10:03 pm
Georgia

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

Post by zaza7625 » Thu Nov 14, 2019 7:11 pm

Lads, it means that rule remained the same as it was prevously or something still changed? 6 weeks absence still in power?

User avatar
markem
Member
Posts: 181
Joined: Thu Apr 19, 2018 7:15 pm
Mood:
New Zealand

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

Post by markem » Thu Nov 14, 2019 8:00 pm

It sounds like a bit of a slap for the High Court judge Barrett. Can't imagine he'll have a long and distinguished career after making such a error of judgement - not just that the judgement was bad, but that it had such a widespread negative impact.
Timeline threads here:
2020 /
2019 / 2018 / 2017 / 2016

User avatar
markem
Member
Posts: 181
Joined: Thu Apr 19, 2018 7:15 pm
Mood:
New Zealand

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

Post by markem » Thu Nov 14, 2019 8:01 pm

zaza7625 wrote:
Thu Nov 14, 2019 7:11 pm
Lads, it means that rule remained the same as it was prevously or something still changed? 6 weeks absence still in power?
Yes... To quote the solicitor...
The decision today takes us back to the position pre July 2019 where absences of up to six weeks were permitted, with no guidelines related to work or allowable absences in exceptional circumstances.
Timeline threads here:
2020 /
2019 / 2018 / 2017 / 2016

User avatar
markem
Member
Posts: 181
Joined: Thu Apr 19, 2018 7:15 pm
Mood:
New Zealand

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

Post by markem » Thu Nov 14, 2019 8:07 pm

ibsp wrote:
Thu Nov 14, 2019 5:48 pm
Statement from Minister Flanagan on the decision of the Court of Appeal re citizenship applications

I have now asked my officials to do everything possible to organise a Citizenship Ceremony to take place in December. Further ceremonies will take place early in 2020.
I don't think he'd announce this without being pretty sure it's possible, lest embarrass his department by not being able to get it done.

However, I know from experience that the bigger the event, the harder it is to organise. So they might try to meet the Minister's expectation by having a smaller one.
Timeline threads here:
2020 /
2019 / 2018 / 2017 / 2016

botabo
Newly Registered
Posts: 19
Joined: Tue Sep 03, 2019 2:10 pm
Ireland

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

Post by botabo » Thu Nov 14, 2019 9:30 pm

ibsp wrote:
Thu Nov 14, 2019 5:48 pm
http://justice.ie/en/JELR/Pages/PR19000280


“As I stated on various occasions since July, the processing of applications has continued. I have now asked my officials to do everything possible to organise a Citizenship Ceremony to take place in December. Further ceremonies will take place early in 2020.

“I want to assure applicants that my Department will provide at least 4 weeks’ notice in advance of ceremonies to allow applicants to make any necessary arrangements. Details will be published on the Department of Justice and Equality website over the coming weeks.”
This is fantastic news! Thank you so much for informing us.

Where do you think they could possibly do a small ceremony?
I checked on this page http://www.inis.gov.ie/en/INIS/Pages/ci ... ceremonies
they normally do ceremonies in convention centres in Dublin or Killarney. In 2017 they did a small ceremony in Limerick city. Could this be a similar case?
I feel like calling all the possible venues and see if they'll be organizing it for a ceremony ;) I'm so excited!

Locked
cron