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If your residence is 'unbroken' (as in the court rule), nothing changes for you- whether there is a new bill being prepared or not!danielmensah wrote: ↑Tue Jul 30, 2019 11:54 amMy question is what about those of us who are not affected by the one year continuous or unbroken stay in Ireland?
I mean the last one year before I made my application, I didn't travel out of the country for almost 2 years before submitting my application in Dec 2017. Does this mean I wont get approval as well?
Is the ruling applicable to already submitted application that is waiting for Minister's approval?
Is already submitted applications are affected?
Anyone with an update on this. I am just confused and frustrated. I have submitted my application since Dec. 2017 and now getting this BAD news.
Thanks.
No, haven't seen any, but would not expect to yet. For the last 3 ceremonies, the run of approvals starts 5 or 6 weeks prior to the ceremony. For this coming September ceremony, that would mean approvals starting to be reported later this week or early next week.
I have seen 2 people get second stage letters after the ruling date (not sure if they were posted before the ruling though. There have been no approvals reported. However, approvals are unusual for July and August anyway.
I emailed a TD to bring the issue to their attention and ask that they vote for the updated legislation when it comes before the Dail.
Here is an update that I just got from my TD:
Following on from the ruling by the high court we made a number of representations to the Minister who has assured us that this ruling is not affecting applications currently in the system.
As you said the Minister is looking to have legislation to address this ruling implemented as soon as possible. I believe the ruling by the high court was unreasonable and unfair. It is simply not practical in any way to put this ruling in place and the Minister is addressing it as quickly as he can.
Doesn't look like it will be completed before the scheduled September ceremony, but does appear to be on track for early October.Minister for Justice Charlie Flanagan is to introduce a new law that will grant applicants for Irish citizenship the right to be absent from the country for a set period of time.
Mr Flanagan said the urgent draft legislation will address a significant decision made in the High Court earlier this summer whereby a judge ruled that an applicant for naturalisation must have “unbroken” residence in the State for an entire year before the date of their application.
The Minister’s discretionary practice of allowing applicants six weeks out of the country, for holiday or other reasons, and more time in exceptional circumstances, was not permitted by law, Mr Justice Max Barrett ruled.
Mr Flanagan said he had a first draft of the new law to address the issue, which he acknowledges has caused considerable concern to applicants over the summer.
“The court took a very narrow and literal view. I’m going to deal with this by legislation. I have a first draft and I would expect to publish that legislation over the next few weeks. I’ve been talking to the Opposition spokespersons and I would be very keen to deal with this issue and provide clarity in the first few weeks of the Dáil term.”
He acknowledged the concern around the issue.
“What I propose doing is to allow for a period of time for an applicant to be out of the jurisdiction. I think that’s necessary for a number of reasons,” he said.
“We have applicants who may be working in Northern Ireland, people who go overseas for work for a period of time, people who might even go abroad for their wedding. The literal interpretation of the law requires change on my part and I intend doing that shortly.”
He said there are three groups of people who are concerned, namely those who have had their citizenship granted, those who are in the process and those who wish to apply but haven’t yet done so.
“All three groups, comprising tens of thousands of people, require clarity.”
The Minister said he had not yet decided what length the period of time such absences would extend to and that he would discuss the issue with the Opposition in the coming weeks.
As of 3rd September there were 15,647 applications for citizenship on hand. The majority of such applicants are potentially affected by the ruling.
Other than the number of applications pending, the minister's response is just another regurgitation of the generic responses we've become accustomed to.markem wrote: ↑Tue Sep 10, 2019 12:26 pmThe Minister has responded to a series of questions in the Oireachtas about this topic.
As of 3rd September there were 15,647 applications for citizenship on hand. The majority of such applicants are potentially affected by the ruling.
RSTo ask the Minister for Justice and Equality when the Irish nationality and citizenship (amendment) bill will pass both Houses of the Oireachtas in view of the practical difficulties that arise for applicants for naturalisation from a recent court ruling; and if he will make a statement on the matter. [38579/19]
EMTo ask the Minister for Justice and Equality further to his previous e-mail (details supplied), the position regarding legislation to address a recent High Court judgement on citizenship rights; if citizenship eligibility rules will be brought into line with other countries in which applicants are allowed 90 days or more per year outside the country prior to their application; and if he will make a statement on the matter. [38413/19]
To ask the Minister for Justice and Equality when the first draft of new legislation will
be brought forward which will grant applicants for Irish citizenship the right to be absent from
the country for a set period of time; when clarity will be provided on the issue in view of the fact
that the High Court ruling regarding same is causing distress for applicants; and if he will make a
statement on the matter. — EM. [38335/19]
Can we kindly keep this topic specific to the judgement and not to application process questions.
The response is back, copied below... same answer for all questions. The key piece is that the Minister has confirmed they are waiting for the outcome of the appeal before introducing the new legislation. The appeal is set for 8th October in the Court of Appeal.markem wrote: ↑Tue Sep 24, 2019 2:22 pmSeveral TDs are now asking questions about the timing. It will be interesting to see the responses.
I am aware that the recent judgment of the High Court relating to continuous residency under Section 15(1)(c) of the Irish Nationality and Citizenship Act, 1956 (as amended) has given cause for concern. The matter remains before the courts with the lodgement of an appeal before the Court of Appeal and is therefore sub-judice.
I can, however, assure the Deputy that my Department is doing everything possible to put in place a solution on an urgent basis. I have taken expert legal advice and I intend to introduce legislation to address the issue. At the end of July, I obtained Cabinet approval for a proposed Bill and intensive work is taking place in my Department where officials are working with the Office of Parliamentary Counsel in the Attorney General's Office to finalise the draft Bill.
I am advised that the appeal is likely to be heard early next month. The outcome of the appeal will, of course, have a bearing on whether or not legislation is required.Should it be necessary, I intend to introduce the Bill in the Oireachtas as soon as possible this term. I know that colleagues of all parties are concerned with the difficulty that has arisen and I am hopeful that the Oireachtas will give the Bill early and positive consideration.
As soon as the legal issues are resolved, my officials will make all necessary arrangements for the next Citizenship Ceremony. Invitations will issue four weeks in advance of the ceremony to ensure everyone has adequate notice.
In the interim, the Immigration Service of my Department is advising those who are planning to apply for citizenship to continue to collect all of the necessary proofs that support their application and to submit a comprehensive application form. Once a solution is in place, if any additional information is required, applicants will be contacted as part of the processing of their application.
I already predict that on 20 Sept that they are waiting for appeal.markem wrote: ↑Tue Sep 24, 2019 2:22 pmSeveral TDs are now asking questions about the timing. It will be interesting to see the responses.
The response is back, copied below... same answer for all questions. The key piece is that the Minister has confirmed they are waiting for the outcome of the appeal before introducing the new legislation. The appeal is set for 8th October in the Court of Appeal.
Congratulationsaneelrahim wrote: ↑Wed Sep 25, 2019 11:58 amI already predict that on 20 Sept that they are waiting for appeal.