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US citizenship after the Irish Naturalisation

Forum to discuss all things Blarney | Ireland immigration

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aero_ir
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US citizenship after the Irish Naturalisation

Post by aero_ir » Tue Feb 10, 2009 9:17 pm

I acquired Irish Citizenship through naturalisation, I moved to US after one year and then became US citizen after few years based on Marriage to a US citizen (green card lead to citizenship), do the Ireland have any problem with me having US citizenship based on marriag?

joesoap101
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Post by joesoap101 » Thu Feb 12, 2009 4:27 am

Technically they can revoke your citizenship but it is highly unlikely that they will do this. It is very difficult to revoke someones citizenship, don't worry about it.

Southern_Sky
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Post by Southern_Sky » Thu Feb 12, 2009 7:12 am

Ireland officially recognises and allows dual-citizenship.
The USA on the other hand is abit more non-specific about the matter.
In either case, I don't believe you have anything to worry about.
Perhaps if you did the reverse, re: you were a US citizen applying for Iris citizenship there would be more concern.

US State Dept. about Dual Nationality -
''However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship.

Intent can be shown by the person's statements or conduct.The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad. The country where a dual national is located generally has a stronger claim to that person's allegiance.''


http://travel.state.gov/travel/cis_pa_t ... _1753.html
Last edited by Southern_Sky on Thu Feb 12, 2009 7:21 am, edited 1 time in total.

Southern_Sky
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Using several passports? It's not just for spies

Post by Southern_Sky » Thu Feb 12, 2009 7:16 am

Using several passports? It's not just for spies:
http://www.iht.com/articles/2009/01/20/ ... 20dual.php

aero_ir
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Post by aero_ir » Thu Feb 12, 2009 11:30 pm

joesoap101 wrote:Technically they can revoke your citizenship but it is highly unlikely that they will do this. It is very difficult to revoke someones citizenship, don't worry about it.
Here is the law concerning revoking citizenship in Ireland.

Revocation of certificates of naturalisation.

"19.—(1) The Minister may revoke a certificate of naturalisation if he is satisfied—"

"(e) that the person to whom it is granted has by any voluntary act other than marriage acquired another citizenship."


source:
http://www.inis.gov.ie/en/INIS/consolid ... onINCA.pdf

Well I became US citizen based on Marriage to a US citizen. So the above law shouldn't apply to me in the first place? Correct?


I can also understand the logic as follows.

If someone became Irish Naturalised citizen, and then got married to a non-EEA national at a later time, and eventually got the citizenship of her wife/husband's country, that should not effect one's Irish citizenship. The act of that Irish citizen acquiring the citizenship of her wife/husband's country could not be seen as an act of abandoning the Irish natrualisation. If there was no marriage connection, and then Irish naturalised citizen acquired another citizenship, then Irish Government is entitled to revoke Irish citizenship.

In addition, I have also seen the another Irish law concerning the validity of my above argument.


Marriage not to effect loss of citizenship:

"A person who marries a non-national shall not, by virtue of the marriage, cease to be an Irish citizen, whether or not he or she acquires the nationality of the non-national."

source:
http://www.inis.gov.ie/en/INIS/Pages/WP07000047


so if we read the above mentioned both laws together, it should all make sense, that a naturalised Irish citizen doesn't loose the Irish citizenship if he/she marries to a non-Irish person whether or not he/she acquires the citizenship of his/her spouse's country based on their marriage...

joesoap101
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Post by joesoap101 » Sat Feb 14, 2009 8:29 pm

You are selectively quoting a section of the law which is not relevant in your case- In order for you to have become a U.S. citizen you had to live in the U.S. I assume you are still living in the U.S. One of the conditions of naturalisation is that you continue in good faith to reside in Ireland. You were residing in the U.S.

S.19 (1)
(c) 41 that (except in the case of a certificate of naturalisation which is issued to a person of Irish descent or associations) the person to whom it is granted has been ordinarily resident outside the State or, in the case of an application for a certificate of naturalisation granted under section 15A, resident outside the island of Ireland (otherwise than in the public service) for a continuous period of seven years and without reasonable excuse has not during that period registered annually in the prescribed manner his name and a declaration of his intention to retain Irish citizenship with an Irish diplomatic mission or consular office or with the Minister, or -

So again, unless you're living in Ireland, after 7 years if you fail to meet the conditions from S.19 (1)(c) they can revoke your citizenship. However like I've said previously, this is highly unlikely even if you ignore the above. I personally wouldnt test it though.

aero_ir
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Post by aero_ir » Tue Feb 17, 2009 11:42 pm

joesoap101 wrote:You are selectively quoting a section of the law which is not relevant in your case- In order for you to have become a U.S. citizen you had to live in the U.S. I assume you are still living in the U.S. One of the conditions of naturalisation is that you continue in good faith to reside in Ireland. You were residing in the U.S.

S.19 (1)
(c) 41 that (except in the case of a certificate of naturalisation which is issued to a person of Irish descent or associations) the person to whom it is granted has been ordinarily resident outside the State or, in the case of an application for a certificate of naturalisation granted under section 15A, resident outside the island of Ireland (otherwise than in the public service) for a continuous period of seven years and without reasonable excuse has not during that period registered annually in the prescribed manner his name and a declaration of his intention to retain Irish citizenship with an Irish diplomatic mission or consular office or with the Minister, or -

So again, unless you're living in Ireland, after 7 years if you fail to meet the conditions from S.19 (1)(c) they can revoke your citizenship. However like I've said previously, this is highly unlikely even if you ignore the above. I personally wouldnt test it though.
Well, I am intending to keep the Irish citizenship. As far as Irish associations concerned, I have Irish born baby, she will always be my connections to Ireland. Plus, I go to Ireland to visit my extended family members there every year. Also, still have a Bank account, valid full driving license and a credit card too. I also intend to register with the Irish Consulate here in Boston if that's what is required too.

My primary concern was adopting US citizenship after the Irish naturalisation, which in my case is OK because my US naturalisation was based on Marriage to a US citizen. I am not concerned about the 7 year and registering with Irish Embassy part at all.

thx.

aero

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