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I'm not sure of my status anymore.

Forum to discuss all things Blarney | Ireland immigration

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MakingProgress
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I'm not sure of my status anymore.

Post by MakingProgress » Thu Jul 18, 2013 7:42 am

Hi All, I was married to EU citizen and i have EUFam Stamp 4. She is now Naturalised Irish Citizen this year. She holds Irish/Polish Passport and our daughter is also an Irish citizen.

My Question is, i my still qualify for EU3 permanent residence card after 5 year? should i state clearly in the EU3 form that she's still Polish or Polish/Irish Citizen? I am very confused!!!

If NOT what is my status now?
I will need to process my EU3 first before i can apply for naturalisation.

Thank you all.

jeupsy
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Post by jeupsy » Thu Jul 18, 2013 11:33 am

This is a bit of a grey area. My partner is in the same situation as you (she got her Stamp 4EUFam when I was French only and I am now French/Irish). I delayed my Irish citizenship application as at the time I asked a solicitor who told me that dual citizenship shouldn't be a problem with regards to EUFam, but that it was probably a good idea not to look for trouble and to have both citizenship at the time of the RC application.

From what I have been reading, aside from the UK who is now clearly considering dual citizens as UK citizens only, other EU countries don't really cause trouble and it should be fine. But I haven't seen any official document making this clear apart from the UK ones which are not good for dual citizens.

Also, I think you could argue that as yourself and your wife were already exercising EU Treaty Rights before her naturalization, you are still exercising them now and therefore qualify for a permanent residence card. I my mind this is the same idea as the partner of an Irish citizen who was living under EU Treaty Rights in another country, and is allowed to submit a for EU1 if they move to Ireland even though their partner is Irish.

Sorry for not giving a very clear answer ... I am not sure there is one.

And maybe one thing you can do is to emai lthe EU Treaty Rights section to ask them (and if you don't mind post back here to tell us what they said).

MakingProgress
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Post by MakingProgress » Thu Jul 18, 2013 2:37 pm

Thanks for your insight into this very issue, i believe few people will be in the same situation. This is a bit complicated since Ireland doesn't recognise dual citizenship.
One can argue the fact that EU spouse wasn't Irish at the time of Marriage/ when the STAMP 4EUfam was issued to he/her partner, therefore the partner should be allow he/her Permanent residence card.

I believe is a case that can be won, but i will love a straight forward application without ups/down with solicitors/time wasting/cost.

Can anyone else help us with advise on this unique case? your inputs are highly welcome.

jeupsy
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Post by jeupsy » Thu Jul 18, 2013 3:08 pm

Just to clarify, I am pretty sure Ireland recognises dual citizenship and has not problem with this.

See here for example: http://www.citizensinformation.ie/en/mo ... nship.html

"If you are an Irish citizen, you may also hold dual citizenship, that is, citizenship of another country. You should be aware that certain countries do not recognise dual citizenship. If you wish to apply for dual citizenship, you should check with the authorities of the other country to ensure that your rights are protected. For example, the law in some countries provides for the automatic termination of its citizenship or nationality if you acquire another citizenship or nationality. You should also be aware that acquiring Irish citizenship does not automatically void the obligations of another citizenship or nationality (for example, the requirement to complete military service)."

MakingProgress
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Post by MakingProgress » Thu Jul 18, 2013 5:59 pm

I mean dual citizenship on EU treaty related matters. I agree with you a lot of Irish also hold Uk or American passport that i know.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Thu Jul 18, 2013 9:18 pm

In my view, as long as you live in Ireland in accordance with the directive, you will achieve permanent residence. I have no experience of someone acquiring Irish citizenship later on and the effect that might have.

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