- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
In addition, as part of your Stamp 4 conditions, you agreed that you will be a resident of the Republic of Ireland and you will not leave the country for more than 90 days in a year.
Failure of either may result in your residence permit being revoked and might cause long-term damage to your immigration history, especially that you are considering to move back to Ireland in a year or two.
Of course, many people do the same - they just try to conceal this when they pass the border. Sometimes the border officer finds out the truth, sometimes they don't.
Your biggest mistake here (in addition to failing to inform INIS of the address change) is that you showed both your BRP and IRP to the border officer. That is like automatically acknowledging that you have violated at least one country's residence requirement. If you show them only 1 card, either IRP or BRP card, it's likely that they would just rush you in without asking any questions.
Since you are a UK resident now and hold a BRP, you are no longer an Irish resident, and cannot use your IRP card to gain entry.
Are you suggesting the implications of going to Northern Ireland lawfully will affect his chances of citizenship?Whether you inform them now is irrelevant because your entry at the border will have been forwarded to INIS, but you should still write them a letter to formally inform them that you have moved to Northern Ireland with your Irish spouse per legal requirement.
You would have qualified for Irish citizenship this summer (and therefore no longer need an IRP or BRP card at all), had you informed INIS of your relocation to Northern Ireland at the earliest opportunity. Now this is not going to look good on you.
It applies to residents who are within the jurisdiction. So if the OP is still holding the IRP card and still intends to use it on future visits, they will need to comply with the rule. If the OP simply moves out and uses the BRP card from now on, there shouldn't be any issue with that.Obie wrote: ↑Fri Mar 04, 2022 10:28 amI accept that this is a Section 9 requirement, but my reading of that provision is that it applies to people who are within the jurisdiction of the state. The state cannot control people who are not within its jurisdiction. The state has no power to require that people who take up residence in Northern Ireland notify her of their change of address.
I agree that it cannot be found online. I have queried this a few times with INIS and BMU and urged them to put this onto their website. It is an inherent part of the requirements when a non-EU national takes up residences in Ireland - almost all stamps covered by domestic laws allow people to be out of the country for a maximum of 3 months, with the exception EUTR (6 months) and IIP (0/1 day). It is something that the immigration officer will need to explain to the applicant when they register for the first time, although I know in reality many officers don't bother that at all.I am not aware of that. Which law or policy can one find that from, as it is certainly not in the 2004 Act.
I think using the IRP card when the OP has stated they don't live in Ireland can warrant a revoke. The card is issued on the basis that the OP and their spouse live in the said address in Ireland. OP has clearly indicated to the border officer that they don't live in that address, and that they don't live in the jurisdiction.The minister may will choose to revoke the permission of this person, as that is within the power of the minister, but I do not think this man has really done anything that offends section 9.
I'm not saying everyone is completely precluded from doing so. The example you had there is usually covered by frontier agreement between the two countries. For example, UK requires non-UK/IE nationals to apply for a Frontier Worker Permit which will need them to declare a work address in the UK and a home address outside of the UK, and they return home at least once a week. I don't think the OP has done this - they are living and working in the UK completely.I am not sure if a person can be precluded from residing in 2 places.. If a person does international job in the state that requires them to work in two locations, and given the geographical proximity of the 2 jurisdiction, I will have some concerns, if that is indeed the law or policy.
I'm suggesting that the ceasing of being a resident of the state, the misuse of IRP cards whilst not being a resident, and failure to declare the change of address may affect that.Are you suggesting the implications of going to Northern Ireland lawfully will affect his chances of citizenship?
Which is why the OP should NOT hold onto their IRP card. Their BRP card and proof of residence in Belfast would have allowed them to apply for Irish naturalisation as well, and it would not have caused any issue when travelling abroad and back. Holding onto their IRP card is what's causing OP issues here.Nala2021 wrote: ↑Fri Mar 04, 2022 6:02 pmJudging from the state of the department after the Jones issue and COVID-19, I do not think that it is reasonable to believe that anyone would think they would definitely be done with their naturalisation application in 1-2 years. In this case, I do not think that it would be weird for someone to hold onto their card , or not even want to apply during these tumultuous years that the department has had.
I think misuse is a big word, i will not use it lightly.
That's a good approach I suppose. Where would you suggest I look for professional advice? Are there any organizations that are known to provide such advice, or should I reach out to an immigration lawyer?