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by Ben
Tue Dec 04, 2012 7:58 am
Forum: EU Settlement Scheme
Topic: Channel Islander or Manxman? Loophole!
Replies: 32
Views: 3624

Someone in the Isle of Man cannot use Singh as they dont have free movement rights. It would look bad for classes of national to be stipulated in legislation. However i believe in practice, the UK will see to it, if these islander went to Ireland, that they dont benefit from Singh, and i believe th...
by Ben
Mon Dec 03, 2012 11:13 pm
Forum: EU Settlement Scheme
Topic: Channel Islander or Manxman? Loophole!
Replies: 32
Views: 3624

Re: Channel Islander or Manxman? Loophole!

The latest, early last month, as I recall. Can't check properly as lying in bed on idiot-phone. Can't sleep. "UK National" always meant a British citizen who has the right of employment and establishment in EU member states. (British citizens not from the Channel Islands or Isle of Man, with no qual...
by Ben
Mon Dec 03, 2012 8:34 pm
Forum: Ireland
Topic: My husband has an EEA2 and wants to move to Ireland with me
Replies: 6
Views: 1462

Assalamualakum Mrs Khan. Using your numbering.. 1. No visa required if entering Ireland from Britain either in your company or to join you, and if in possession of his valid passport and UK residence card (applied for using UK form EEA2). Irish EUTR visa required, for very real practical reasons, if...
by Ben
Mon Dec 03, 2012 7:47 pm
Forum: EU Settlement Scheme
Topic: Channel Islander or Manxman? Loophole!
Replies: 32
Views: 3624

Unfortunately, because directive 2004/38 doesn't apply to the Isle of Man and the Channel Islands, people from these territories do not have freedom of movement rights, and therefore the first step, moving to another EU country and have your family members join you there under EU law is already blo...
by Ben
Mon Dec 03, 2012 3:15 pm
Forum: EU Settlement Scheme
Topic: Channel Islander or Manxman? Loophole!
Replies: 32
Views: 3624

Channel Islander or Manxman? Loophole!

Recently the UK EEA regs were changed. All references to "United Kingdom national" have been scrubbed and replaced with "British citizen". This opens up a small loophole that, while perhaps largely irrelevant for most, may benefit the family member(s) of a small number of Channel Islanders or Manxme...
by Ben
Fri Nov 30, 2012 7:20 pm
Forum: Ireland
Topic: EU1 late
Replies: 44
Views: 4723

Come back? Where is she now?
by Ben
Fri Nov 30, 2012 6:36 pm
Forum: Ireland
Topic: EU1 late
Replies: 44
Views: 4723

It's not late then. They've only had it four and a half months. Expect a decision a day or two before 12/01.
by Ben
Fri Nov 30, 2012 6:14 pm
Forum: Ireland
Topic: Non EEA - GNIB Card Renewal
Replies: 4
Views: 5115

You won't be asked to leave the state, but you may have problems if you, at some point in the future, decide to apply for a certificate of naturalisation.

Can you go to the next nearest immigration office?
by Ben
Fri Nov 30, 2012 6:11 pm
Forum: Ireland
Topic: EU Fam to Spouse of Irish
Replies: 15
Views: 2759

Total tripe. That solicitor ought to read the rules a bit more. There's nothing the Irish Nationality and Citizenship Act that states that it's necessary to switch or otherwise be resident under "Irish National Law and spend 3 years on that". Notwithstanding the provisions of section 15, the Ministe...
by Ben
Fri Nov 30, 2012 5:38 pm
Forum: Ireland
Topic: EU1 late
Replies: 44
Views: 4723

How late is the application? When was it submitted?
by Ben
Fri Nov 30, 2012 5:36 pm
Forum: Ireland
Topic: EU Fam to Spouse of Irish
Replies: 15
Views: 2759

I believe you can apply for naturalisation now. You are the spouse of an Irish national and you have been lawfully resident in Ireland for at least three years.
by Ben
Tue Nov 27, 2012 8:35 am
Forum: Ireland
Topic: irish citizenship through association
Replies: 1
Views: 860

Yes you can.
by Ben
Sun Nov 25, 2012 1:00 pm
Forum: Ireland
Topic: Visit Visa
Replies: 17
Views: 2090

There's nothing to explain. It's not like a non-EU national traveling without a visa in accordance with Directive 2004/38/EC. This is a straight cut case of a British citizen entering Ireland without a passport. This has been lawful for hundreds of years.
by Ben
Sun Nov 25, 2012 12:00 pm
Forum: Ireland
Topic: Visit Visa
Replies: 17
Views: 2090

What for? UK nationals are entitled to enter Ireland. Jaffar will be a UK national and he'll be able to prove it.
by Ben
Sun Nov 25, 2012 11:21 am
Forum: Ireland
Topic: Visit Visa
Replies: 17
Views: 2090

Your entry can't be refused. Legally. Common Travel Area arrangements aside, you'll be an EU national seeking to enter the territory of another Member State in possession of documents to corroborate your identity and nationality (in lieu of a passport).
by Ben
Sun Nov 25, 2012 9:22 am
Forum: Ireland
Topic: Citizenship timeline tracker.
Replies: 8284
Views: 1816548

waiting2beirish wrote:I honestly cannot understand why the INIS is punishing the people who work and pay taxes
Perhaps this is why..
waiting2beirish wrote:I am seriously fed-up of this system . I am leaving Ireland anyway in the next year
by Ben
Sun Nov 25, 2012 9:19 am
Forum: Ireland
Topic: Visit Visa
Replies: 17
Views: 2090

They are just trying to cover themselves for people trying to travel who are a citizen of either Ireland or the UK, but were not born there, and do not hold proof of their respective citizenship. Since you will (by way of your original certificate of naturalisation), it won't be an issue. It's nonse...
by Ben
Fri Nov 23, 2012 7:16 pm
Forum: Ireland
Topic: UPDATE SOLVIT RESPONSE EU NATIONAL AND NON EEA SPOUSE
Replies: 20
Views: 4854

Amazing news, especially considering they've already had their knuckles wrapped by Solvit once.

Relay everything to Solvit and have them intervene.
by Ben
Fri Nov 23, 2012 7:55 am
Forum: Ireland
Topic: Visit Visa
Replies: 17
Views: 2090

Not really, both those airlines respect the CTA and the entitlement to travel without a passport within it.

Fáilte go hÉireann!
by Ben
Fri Nov 23, 2012 7:38 am
Forum: Ireland
Topic: Visit Visa
Replies: 17
Views: 2090

Not really, but feel free to do so. Have a read of Wikipedia's article on the Common Travel Area, as a starting point. In short, British and Irish citizens are entitled to move among the CTA without the need to carry a passport. It is expected, however, to be able to satisfy the authorities, if and ...
by Ben
Thu Nov 22, 2012 10:46 pm
Forum: Ireland
Topic: eu3 refusal
Replies: 15
Views: 3389

zafarzafar80 wrote:You could retain your residence card if you get divorce from ur wife.
Only if the wife has been resident in Ireland in conformity with European law for at least the past three years. And it sounds like she hasn't been.
by Ben
Thu Nov 22, 2012 10:42 pm
Forum: Ireland
Topic: Visit Visa
Replies: 17
Views: 2090

No. You will be a British citizen and, as such, will be entitled to move among the Common Travel Area without a passport. Possession of proof of your UK nationality is strongly advisable, as you will almost certainly be refused entry to Ireland without it. Your certificate of naturalisation plus a f...
by Ben
Thu Nov 22, 2012 12:04 pm
Forum: Ireland
Topic: uk eea2 visa necessary?
Replies: 2
Views: 905

No visa required if in possession of a valid residence card.
by Ben
Mon Nov 19, 2012 12:46 pm
Forum: Ireland
Topic: stamp 2 parents have a baby in Ireland
Replies: 1
Views: 924

Child would inherit nationality from parent(s), if, as you say, provision is made the parents' country's nationality law(s).

Children under 16 are not subject to immigration control. Child would be eligible for Stamp 3 on their 16th birthday, assuming the parents are still on Stamp 2.
by Ben
Sun Nov 18, 2012 4:47 pm
Forum: Ireland
Topic: Travel Outside Ireland after submitting GNIB for citizenship
Replies: 2
Views: 1286

It will probably be at the discretion of the Guard. My wife was a non-EU national resident of Ireland and holder of a GNIB card. She submitted hers to the DoJ, as requested, together with her €950 fee and photos, ahead of the citizenship ceremony to which she was invited to attend. We subsequently s...
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