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

Will divorce affect my citizenship?

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

Locked
GaryVe
Newly Registered
Posts: 2
Joined: Tue Jan 22, 2013 6:16 pm

Will divorce affect my citizenship?

Post by GaryVe » Tue Jan 22, 2013 6:23 pm

Hi there,

After 12 very happy years of marriage, my Irish wife decided she wanted a new way of life and we are now heading to divorce :(

I did apply for and receive Irish citizenship by post nuptial citizenship declaration in 2003. Ditto our two kids who are Irish citizens by foreign birth registration.

Will the divorce in any way affect our continued right to citizenship?

Thanks for your help.

agniukas
Senior Member
Posts: 665
Joined: Fri Oct 31, 2008 7:19 pm

Post by agniukas » Tue Jan 22, 2013 8:19 pm

No.

Brigid from Ireland
Member of Standing
Posts: 444
Joined: Mon Oct 08, 2012 3:01 pm
Location: Ireland
Contact:

Post by Brigid from Ireland » Tue Jan 22, 2013 9:29 pm

The divorce will have no impact on the rights of your children to Irish citizenship. Their mother cannot divorce them, she can only divorce her husband.

With regard to yourself, the divorce is likely to have no impact so long as you continue to live in Ireland.

If you decide to leave Ireland on a permanent basis, you should remember that the Dail (TDs) can change citizenship laws at any time, and those who acquired citizenship and then leave Ireland could have their citizenship revoked by the introduction of new legislation.
BL

GaryVe
Newly Registered
Posts: 2
Joined: Tue Jan 22, 2013 6:16 pm

Post by GaryVe » Tue Jan 22, 2013 10:01 pm

Thanks so much for the answers. Just a point of clarification: we don't currently reside in Ireland. So I guess I will remain at risk of the citizenship laws changing for non resident citizens.

IntegratedMigrant
Diamond Member
Posts: 1036
Joined: Tue Dec 11, 2012 11:43 pm
Location: Irish Naturalisation & Immigration

Post by IntegratedMigrant » Tue Jan 22, 2013 10:13 pm

GaryVe wrote:Thanks so much for the answers. Just a point of clarification: we don't currently reside in Ireland. So I guess I will remain at risk of the citizenship laws changing for non resident citizens.
There is already a law that if you leave Ireland for a period of 7 years without given any good reasons to why to the foreign consular office where you reside, you will be striped (revoke) of your citizenship. You must remind the consular office on an annual basis why you are residing there.

Now this Law is hardly practiced but its the Law and your citizenship will be revoked on that basis.

To me it is nonsensical, as people of Dual Citizenship wont have full rights to reside in the country where they were born.

This is one Law in Irish Citizenship that I think should be looked at. People are meant to choose where they want to live in life and Irish Citizenship restrains them from doing that. It is purely nonsensical.

It is only in Ireland out of the whole world that this specific Law exists in Naturalisation. That one has Irish citizenship simply does not mean that they are meant to live and die in Ireland. ALAN SHATTER, time to change the Law
I oppose stereotype, prejudice, xenophobe, judgmental, Ignorance, and beloved.

jeupsy
Senior Member
Posts: 622
Joined: Wed Nov 23, 2011 11:12 am

Post by jeupsy » Tue Jan 22, 2013 10:26 pm

Brigid from Ireland wrote:you should remember that the Dail (TDs) can change citizenship laws at any time, and those who acquired citizenship and then leave Ireland could have their citizenship revoked by the introduction of new legislation.
I would think that once the citizenship is given, it is very hard to take it back (especially for people who had to give up their previous citizenship in order to become Irish and therefore only have Irish citizenship, as there must be international conventions to prevent States from creating apatride people)

Maybe TDs could change the law to introduce conditions for new citizens, for example that anyone who commits a serious crime within 5 years after acquiring citizenship can lose it. Or some countries can have laws against sham marriage which threaten the citizenship acquired through marriage if you divorce shortly afterwards (not sure whether Ireland has that).

But in any case I don't think they could easily make that kind of law retroactive an apply it to people who became Irish before the new law.

So I would worry about something like taking it back from people who have had it for 10 years just because they don't live in Ireland anymore :-)
Last edited by jeupsy on Tue Jan 22, 2013 10:30 pm, edited 1 time in total.

jeupsy
Senior Member
Posts: 622
Joined: Wed Nov 23, 2011 11:12 am

Post by jeupsy » Tue Jan 22, 2013 10:29 pm

---

jeupsy
Senior Member
Posts: 622
Joined: Wed Nov 23, 2011 11:12 am

Post by jeupsy » Tue Jan 22, 2013 10:33 pm

IntegratedMigrant wrote:
There is already a law that if you leave Ireland for a period of 7 years without given any good reasons to why to the foreign consular office where you reside, you will be striped (revoke) of your citizenship. You must remind the consular office on an annual basis why you are residing there.
Really? This sound a bit crazy ... what if you don't have any other citizenship?

Do you have a reference to that law?

Malika
Member
Posts: 151
Joined: Tue Mar 08, 2011 12:20 pm

Post by Malika » Wed Jan 23, 2013 1:06 pm


Really? This sound a bit crazy ... what if you don't have any other citizenship?

Do you have a reference to that law?
I don't have a specific reference to the law but I read this in Metro Eireann since news mostly caters for immigrants, I tend to believe it.

http://metroeireann.com/article/new-iri ... nship,3326

Regards,
'If you compare yourself to others,you may become vain and bitter; for always there will be greater and lesser persons than yourself'............DESIDERATA

IntegratedMigrant
Diamond Member
Posts: 1036
Joined: Tue Dec 11, 2012 11:43 pm
Location: Irish Naturalisation & Immigration

Post by IntegratedMigrant » Wed Jan 23, 2013 2:32 pm

jeupsy wrote:
IntegratedMigrant wrote:
There is already a law that if you leave Ireland for a period of 7 years without given any good reasons to why to the foreign consular office where you reside, you will be striped (revoke) of your citizenship. You must remind the consular office on an annual basis why you are residing there.
Really? This sound a bit crazy ... what if you don't have any other citizenship?

Do you have a reference to that law?
I agree with you, it is crazy!. Irish Citizenship means nothing with that Law. Its like having a resident card or something which will expires after 7 years. You're better off obtaining a different Citizenship after your Irish Naturalisation as that will serve you well.

Citizenship is for life and not for 7 years basis!

Here are 2 references from undoubtable sources in regards to your question.

If you dont have any citizenship, you will be declared stateless

http://www.citizensinformation.ie/en/mo ... ation.html

http://www.irishstatutebook.ie/1956/en/ ... c0019.html
I oppose stereotype, prejudice, xenophobe, judgmental, Ignorance, and beloved.

jeupsy
Senior Member
Posts: 622
Joined: Wed Nov 23, 2011 11:12 am

Post by jeupsy » Wed Jan 23, 2013 3:30 pm

Thanks Brigid/Malika/IntegratedMigrant.

The other reasons make sense but the 7 years thing is really weird :-s

IntegratedMigrant
Diamond Member
Posts: 1036
Joined: Tue Dec 11, 2012 11:43 pm
Location: Irish Naturalisation & Immigration

Post by IntegratedMigrant » Wed Jan 23, 2013 3:47 pm

jeupsy wrote:Thanks Brigid/Malika/IntegratedMigrant.

The other reasons make sense but the 7 years thing is really weird :-s
Weird as f**k ha. You should write to the minister asking him why such nonsensical Law exists in citizenship. And why such law exists only in Ireland!
I oppose stereotype, prejudice, xenophobe, judgmental, Ignorance, and beloved.

Locked