Stamp 4EUFAM Refused Urgent help needed.

[andreabill]

HI all,I am a British Citizen born in Northern Ireland, my wife is Brazilian, and our kids were born in Brazil.
We have been living in Ireland from last September and applied for the Stamp 4 EUFAM.
The post man came this morning and we thought that this was our lucky day, but unfortunately it isn`t.

We applied for the EUFAM 4 last December and the application was received on 3 December. and received the temporary stamp in March. Decision was due on 3 June and the stamp expired on 3 July.

Today we received a letter saying that my wife`s and children`s application can not be processed any further, below is an part of the letter.

I am to inform you that the Minister has decided that your application for a Residence card (Stamp 4 EUFAM) on the basis of being a family member of a citizen of the European Union cannot be processed any further. This is based on the following reason.

Your application is based on your marriage to .................... However it is noted that your spouses passport states that he was born on the Island of Ireland. Section 6(1) of the Irish Nationality and Citizenship Act 1956 automatically confers Irish Citizenship to all persons born on the Island of Ireland prior to 2/12/1999, and therefore your spouse is an Irish National.

We couldn`t believe this. I have never classed myself as an Irish National, I have never had an Irish passport. It says on my UK passport that I am a British Citizen.
Surely they have made some sort of mistake. Any advice would be greatly appreciated as we are all very disappointed right now.

[Obie]

Have you worked in Northern Ireland before?

The fact that you never took an Irish passport, does not mean you are not an Irish Citizen.

[andreabill]

HI Obie, yes I worked in Northern Ireland all my life. I just called the immigrant Council Ireland and then emailed them a copy of the letter. The guy said he thinks they have made a big big mistake and he is going to show it to their solicitors.

[Obie]

They may be right in law, that you are an Irish Citizen under section 6, as you were born in Northern Ireland.

They are seeking to rely on McCarthy, that an Irish Citizen cannot rely on Treaty rights in their country of nationality.

[andreabill]

Section 6 says if you are born in Ireland you are an Irish citizen unless you are entitled to be a citizen of another country. Also when I was born in Northern Ireland there was no option to be an Irish citizen until after the Good Friday Agreement.
The guy at the immigrant council said he has never seen a Refusal like this,only when someone born in Northern Ireland had both British and Irish passports,they have been refused then.

[Obie]

Section 6 says if you are born in Ireland you are an Irish citizen unless you are entitled to be a citizen of another country. Also when I was born in Northern Ireland there was no option to be an Irish citizen until after the Good Friday Agreement.
The guy at the immigrant council said he has never seen a Refusal like this,only when someone born in Northern Ireland had both British and Irish passports,they have been refused then.

That is not what the act says.

The act says anyone born in the Island of Ireland is entitled to Citizenship, subject to 6A, which deals with children born to non-National.

I know the Good Friday agreement, gives people born in Northern Ireland the right to choose whether they wish to be Irish Citizen, British Citizen or both.

However, the facts remain that both the United Kingdom, and Irish Nationality legislations, makes provision for people in Northern Ireland to be British or Irish.

[andreabill]

Hi Obie I understand where you are coming from,though my reading of it is that it is a matter of choice not an absolute. Hopefully the immigrant council solicitor will have some good news.

[Obie]

Hi Obie I understand where you are coming from,though my reading of it is that it is a matter of choice not an absolute. Hopefully the immigrant council solicitor will have some good news.

The agreement is a choice i accept that. It does not have the power to annul the legislation .

I have absolutely no doubt in my mind that you also an Irish Citizen.

The question is, whether on a proper reading of Surinder SIngh, you could qualify.

[andreabill]

In what way do think we could qualify under SS?

[Obie]

Did you ever reside with your wife in Northern Ireland as man and wife, when you worked in Northern Ireland?

[andreabill]

Yes before we were married but then we moved to Brazil for six years, and then came to Ireland last year.

[mgb]

I have absolutely no doubt in my mind that you also an Irish Citizen.

What about Section 7(1) of the Irish Nationality and Citizenship Act 1956.

[mgb]

Sorry, got a old version.

[iamanalien]

I think you better off, in the long term, due to Brexit, being an Irish citizen.

Would you consider, getting an Irish passport and then your spouse could get a residency card from the GNIB?

Citizenship based on marriage to an Irish citizen takes 3 years as opposed to 5 years otherwise.