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by Obie
Mon Dec 06, 2021 7:23 pm
Forum: EU Settlement Scheme
Topic: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW
Replies: 5688
Views: 529025
Ireland

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Underhill LJ is a decent judge. Lets hope he will do the right thing. Need all the Home Office applications before the Tribunal to fail.
by Obie
Mon Dec 06, 2021 9:59 am
Forum: EU Settlement Scheme
Topic: Receiving EU citizenship soon, been in the UK for 3 years
Replies: 18
Views: 1367
Ireland

Re: Receiving EU citizenship soon, been in the UK for 3 years

vinny wrote:
Sat Dec 04, 2021 2:37 am
Probably no.
I agree. This will fall totally outside the scope of the withdrawal agreement.
by Obie
Fri Dec 03, 2021 8:35 pm
Forum: EU Settlement Scheme
Topic: Receiving EU citizenship soon, been in the UK for 3 years
Replies: 18
Views: 1367
Ireland

Re: Receiving EU citizenship soon, been in the UK for 3 years

2 issue may arise in this case.

1. Was the person as a matter of Croatian law a Croat citizen on the day of withdrawal.


2. Will he or she be able to make an exceptional case for lateness?
by Obie
Fri Dec 03, 2021 12:22 pm
Forum: Ireland
Topic: New scheme for undocumented immigrants
Replies: 33
Views: 3248
Ireland

Re: New scheme for undocumented immigrants

Also, only those who have notheard residence permission in the last 4 or 3 years, as the case may be, will benefit from the scheme.

At least one country in the British isles is showing compassion and basic decency.
by Obie
Tue Nov 16, 2021 9:22 am
Forum: EU Settlement Scheme
Topic: EUSS refused for extended family
Replies: 8
Views: 1137
Ireland

Re: EUSS refused for extended family

Was there a right of appeal?
by Obie
Mon Nov 15, 2021 11:57 pm
Forum: EU Settlement Scheme
Topic: EUSS refused for extended family
Replies: 8
Views: 1137
Ireland

Re: EUSS refused for extended family

She has a strong basis to challenge and have the refusal overturned on the basis of present changes.
by Obie
Wed Nov 03, 2021 9:54 pm
Forum: Ireland
Topic: DIVORCE
Replies: 25
Views: 2504
Ireland

Re: DIVORCE

Your child may have a claim to Irish citizenship, if your wife had been residing in the state for 3 years prior to his birth, he will not need to naturalise if he was born in Ireland.
by Obie
Wed Nov 03, 2021 12:55 pm
Forum: EU Settlement Scheme
Topic: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW
Replies: 5688
Views: 529025
Ireland

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Hi everyone, First of all I want to congratulate everyone who has had good news with their case and for those still waiting, don’t give up, it will be worth it! It’s been a while. Just to update you all that I have just received the decision on the permission to appeal to the upper tribunal after F...
by Obie
Wed Nov 03, 2021 12:44 pm
Forum: Ireland
Topic: DIVORCE
Replies: 25
Views: 2504
Ireland

Re: DIVORCE

For the avoidance of doubt, I do not support what the lawyer is saying, It is not the law, and certainly not the law in Ireland. The EEA national must be exercising treaty rights prior to the divorce or initiation of the divorce for the non-EEA to acquire right of residence. To say the EU national d...
by Obie
Wed Nov 03, 2021 11:34 am
Forum: Immigration for family members
Topic: Partner Visa - While girlfriend is married to someone abroad (Separated not legally)
Replies: 12
Views: 945
Ireland

Re: Filipino Girlfriend is pregnant and she is married (Seperated). What are are options?

Indeed UKF(M), appears to be a remedy, but the child will only qualify for discretionary registration under section 3(1).
by Obie
Tue Nov 02, 2021 9:49 pm
Forum: Immigration for family members
Topic: Partner Visa - While girlfriend is married to someone abroad (Separated not legally)
Replies: 12
Views: 945
Ireland

Re: Filipino Girlfriend is pregnant and she is married (Seperated). What are are options?

If his name is on the birth certificate, then yes he will be liable for child maintenance, irrespective of the position relating to nationality law.
by Obie
Tue Nov 02, 2021 9:36 pm
Forum: Immigration for family members
Topic: Partner Visa - While girlfriend is married to someone abroad (Separated not legally)
Replies: 12
Views: 945
Ireland

Re: Filipino Girlfriend is pregnant and she is married (Seperated). What are are options?

by Obie
Tue Nov 02, 2021 5:42 pm
Forum: Ireland
Topic: DIVORCE
Replies: 25
Views: 2504
Ireland

Re: DIVORCE

If your wife is not exercising treaty rights at time of your divorce, then you will not be able to secure a retained right of residence.
by Obie
Tue Nov 02, 2021 5:40 pm
Forum: Immigration for family members
Topic: Partner Visa - While girlfriend is married to someone abroad (Separated not legally)
Replies: 12
Views: 945
Ireland

Re: Filipino Girlfriend is pregnant and she is married (Seperated). What are are options?

You need to tread carefully as well, under British nationality law, the father of a child is the man that the mother is married to at the time of the child's birth.
by Obie
Tue Nov 02, 2021 5:35 pm
Forum: Ireland
Topic: EU2 or WABC?
Replies: 24
Views: 896
Ireland

Re: EU2 or WABC?

When you make your case, you need to explain how the relevant legal requirements are met, and provide the necessary documentation to show it is met.
by Obie
Tue Nov 02, 2021 5:13 pm
Forum: Ireland
Topic: Can the citizenship be revoked?
Replies: 16
Views: 3573
Ireland

Re: Can the citizenship be revoked?

With the Supreme Court ruling last Spring that section 19 is unconstitutional, which open the door for all those who had their citizenship revoked through this unconstitutional provision, and with the minister having failed to make the necessary amendments to make it constitutional, I am afraid that...
by Obie
Tue Nov 02, 2021 5:00 pm
Forum: Ireland
Topic: EU2 or WABC?
Replies: 24
Views: 896
Ireland

Re: EU2 or WABC?

Thanks for the advice on the credit Union. I believe with Brexit and all the nonsense taking place in the UK, there is a great deal of opportunities in Ireland. By binding, I mean it is part of the law of the land, and court's and Tribunal are aware of your right to residence through that route, pro...
by Obie
Tue Nov 02, 2021 4:56 pm
Forum: Ireland
Topic: Can the citizenship be revoked?
Replies: 16
Views: 3573
Ireland

Re: Can the citizenship be revoked?

Yes. Naturalised citizenship will be revoked upon receiving a second naturalised citizenship, unless that second citizenship is received via marriage. I will not use the verb will, as that is not the language of the legislation. The Act confers a discretion on the minister if a person acquired citi...
by Obie
Tue Nov 02, 2021 4:49 pm
Forum: Ireland
Topic: EU2 or WABC?
Replies: 24
Views: 896
Ireland

Re: EU2 or WABC?

I agree the weather is a bit problematic, due to the position of Ireland on the North Atlantic. If it was not for the weather and the fact that my field of work has more demand in UK than in Ireland, I will spend the majority of my time in Ireland. Buying a home is problematic, I agree. I have spent...
by Obie
Tue Nov 02, 2021 4:34 pm
Forum: Ireland
Topic: EU2 or WABC?
Replies: 24
Views: 896
Ireland

Re: EU2 or WABC?

I think Ireland is a nice country. I spend my time in both UK and Ireland, and I can say for sure I prefer Ireland. I can understand you wish to go to Portugal, but that is not a reason to dis Ireland. You should come to UK, and listen to its xenophobia press and the hostility faced by Immigrant, th...
by Obie
Mon Nov 01, 2021 11:26 am
Forum: Ireland
Topic: EU2 or WABC?
Replies: 24
Views: 896
Ireland

Re: EU2 or WABC?

None of the articles mentioned that Ireland wasn't included in the Treaty. It clearly does: (25) In accordance with Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, and ...
by Obie
Mon Nov 01, 2021 11:13 am
Forum: Ireland
Topic: EU2 or WABC?
Replies: 24
Views: 896
Ireland

Re: EU2 or WABC?

I dont know what more I can say really.

As Recital 25 and 26 states, UK when it was a member, Ireland or Denmark are not party to that Directive.

https://eur-lex.europa.eu/legal-content ... 09&from=EN
by Obie
Mon Nov 01, 2021 10:46 am
Forum: Ireland
Topic: EU2 or WABC?
Replies: 24
Views: 896
Ireland

Re: EU2 or WABC?

I see what you mean. What about the fact that I have permanent residence in Ireland? I spoke to a Portuguese immigration lawyer who said I can move to Portugal without a Visa under article 116. I went to Portugal in September without a Schengen Visa and the border police didn't have any problems. W...
by Obie
Mon Nov 01, 2021 10:08 am
Forum: Ireland
Topic: EU2 or WABC?
Replies: 24
Views: 896
Ireland

Re: EU2 or WABC?

Yes I read it, but that separate directive does not apply to UK, Ireland or Denmark, it applies mostly to schengen states, so it will not assist you or your wife. Had you been resident in a country like Netherlands for 5 years and now moving to Portugal, then it would have applied. Unfortunately the...
by Obie
Mon Nov 01, 2021 9:51 am
Forum: Ireland
Topic: EU2 or WABC?
Replies: 24
Views: 896
Ireland

Re: EU2 or WABC?

Well unfortunately your interpretation is not correct.
As a result of Brexit, freemovement ends, however those who remained in an EU state exercising treaty rights as at 31-12-2020 retain their rights as related to that state and not the 27.
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