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Naturalization based on Irish Association

Forum to discuss all things Blarney | Ireland immigration

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inzar
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Naturalization based on Irish Association

Post by inzar » Sun Mar 29, 2009 11:18 pm

Hi All,

Just a question lingering on my mind

Can parents apply for Naturalization based on Irish Association which is to their child who is an Irish Citizen?

This application would be based on a baby who is an Irish born child after Jan 2005 and is an Irish Citizen of two non EU parents who have met the condition of 3 years recon able residence in Ireland?

Thanks in advance

JAJ
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Post by JAJ » Mon Mar 30, 2009 2:27 am

You can apply for it - but do you think the Minister would want to grant it?

inzar
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Post by inzar » Mon Mar 30, 2009 7:30 am

Thans JAJ ! for your response ,

well, that's up to the Minister I suppose , I mean why would he not if the provision is there...

also if the application is based on 5 years residence + Irish association would it be helpful ?

agniukas
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Post by agniukas » Mon Mar 30, 2009 10:15 am

Hi,
I may be wrong, but I think that Irish Association is only for people whose parents and grandparents were / are irish, and not because you have an irish born or irish citizen child.

inzar
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Post by inzar » Mon Mar 30, 2009 1:14 pm

That is what I thought as well, but if you read the Immigration Act it states that Irish Association means related by blood , affinity or adoption.

So related by blood covers this I think , but I am not a lawyer so I might be interpreting it wrong.

Southern_Sky
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Post by Southern_Sky » Mon Mar 30, 2009 2:19 pm

inzar wrote:That is what I thought as well, but if you read the Immigration Act it states that Irish Association means related by blood , affinity or adoption.

So related by blood covers this I think , but I am not a lawyer so I might be interpreting it wrong.
Naturalization by Irish Association seems to only apply where one (or more) of your antecedents (parents, grandparents,etc..) were Irish & is not applicable where your descendent/offspring is Irish & you're not.

Previously one could also apply for Post-Nuptial Naturalization, but this has now been phased out.

http://www.inis.gov.ie/en/INIS/Pages/WP07000045

joesoap101
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Post by joesoap101 » Tue Mar 31, 2009 2:04 am

Southern_Sky wrote:
inzar wrote:That is what I thought as well, but if you read the Immigration Act it states that Irish Association means related by blood , affinity or adoption.

So related by blood covers this I think , but I am not a lawyer so I might be interpreting it wrong.
Naturalization by Irish Association seems to only apply where one (or more) of your antecedents (parents, grandparents,etc..) were Irish & is not applicable where your descendent/offspring is Irish & you're not.

Previously one could also apply for Post-Nuptial Naturalization, but this has now been phased out.

http://www.inis.gov.ie/en/INIS/Pages/WP07000045
This is totally incorrect. If you read the actual legislation you most certainly are entitled to apply based on Irish Associations if you are related by blood or affinity to an Irish citizen, there is no qualification as to age, where the person was born etc, only that they are Irish citizens. But I suspect it will be a tough one and the minister probably wont grant it. I would like someone to challenge this in the courts though, because what it basically boils down to is that Irish citizens who obtained this status by naturalisation, is considered second class citizens, and somehow not quite 100% Irish so therefore should not be entitled to equal treatment before the law. I suspect this law will become a major headache for the government in the future for this reason.

In fact Michael McDowell is on record, in response to a question in the Dáil, gave an example of a man who becomes an Irish citizen, thus allowing his brother to apply for naturalistion based on Irish Associations. I remember being quite shocked to hear this from McDowell. Its on the record, if anyone has the time to dig it out.

tom4
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Post by tom4 » Tue Mar 31, 2009 6:41 am

They will do exactly as they like and a challenge in court will see them hide behind the usual "absolute discretion".

inzar
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Post by inzar » Tue Mar 31, 2009 11:25 am

Its in this debate where the association is given a new meaning and has positive effects on a Naturalization application, of course its is dependent on the discretion powers and the status of the person who is applying.

http://debates.oireachtas.ie/DDebate.as ... All&Page=3

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