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Court Orders and Irish Citizenship

Forum to discuss all things Blarney | Ireland immigration

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mellowmeadow
Newly Registered
Posts: 15
Joined: Sat Sep 24, 2022 9:00 pm
Ireland

Court Orders and Irish Citizenship

Post by mellowmeadow » Sun Oct 09, 2022 8:22 am

Hi can anyone give me advice?
I am helping a friend apply for Irish citizenship by naturalisation (non-EU 5 years stamp 4) and she is required to state if she has been involved with family law matters in her application.
She initially got stamp 4 as spouse of Irish citizen but when their relationship broke down she got stamp 4 in her own right.
Here is the issue. Their marriage broke down because of her ex-husband being abusive. She summoned him to court for domestic abuse and separation. In turn, her ex-husband summoned her to court claiming she was the one abusing him. In the end she got custody of their children and he was given a safety or barring order for some time and visitor rights.
Will his statement and the court cases affect my friend's application? The court has a written statement from him saying she was abusing him, but he was the one given the safety/barring order and she got custody.
This was many years ago and today they are on talking terms. Should she write a letter to explain what happened and what should she say?

mentalmind
Member of Standing
Posts: 421
Joined: Wed Dec 08, 2021 12:19 pm
Algeria

Re: Court Orders and Irish Citizenship

Post by mentalmind » Sun Oct 09, 2022 3:43 pm

Hire a solicitor to sort this out. It’s not black and white situation, but needs to be handled by a professional (not forum advisors like us).

Even if we say yes or no, her application needs to describe her situation and I believe a solicitor would do it better compared to an average person.

Vorona
- thin ice -
Posts: 548
Joined: Mon Mar 16, 2020 6:34 pm
Ireland

Re: Court Orders and Irish Citizenship

Post by Vorona » Mon Oct 10, 2022 9:55 am

Is she had ever been investigated by Garda on reports of abuse, regardless of outcome, she will need to declare it and provide documentary evidence (court documents) to support her statements.

mellowmeadow
Newly Registered
Posts: 15
Joined: Sat Sep 24, 2022 9:00 pm
Ireland

Re: Court Orders and Irish Citizenship

Post by mellowmeadow » Mon Oct 10, 2022 3:28 pm

Vorona wrote:
Mon Oct 10, 2022 9:55 am
Is she had ever been investigated by Garda on reports of abuse, regardless of outcome, she will need to declare it and provide documentary evidence (court documents) to support her statements.
She called the Garda a few times as the victim to report her ex-husband for abuse, does that count as her being investigated?

mentalmind
Member of Standing
Posts: 421
Joined: Wed Dec 08, 2021 12:19 pm
Algeria

Re: Court Orders and Irish Citizenship

Post by mentalmind » Mon Oct 10, 2022 3:32 pm

mellowmeadow wrote:
Mon Oct 10, 2022 3:28 pm
Vorona wrote:
Mon Oct 10, 2022 9:55 am
Is she had ever been investigated by Garda on reports of abuse, regardless of outcome, she will need to declare it and provide documentary evidence (court documents) to support her statements.
She called the Garda a few times as the victim to report her ex-husband for abuse, does that count as her being investigated?
If you dealt with Garda, no matter what it is for, you should mention it in your application.

Finepaddy
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Mood:
Norway

Re: Court Orders and Irish Citizenship

Post by Finepaddy » Tue Oct 11, 2022 1:50 am

Some Genius giving u completely wrong information.

No Family law matter need to declare in citizenship application.
It's only Criminal conviction u disclose not Family matters.

Still if u want to disclose then its up to u but Citizenship department is not interested Family matters.

U disclose Family matters to INIS when u apply independent status.
Finepaddy becomes badpaddy :mrgreen:

mellowmeadow
Newly Registered
Posts: 15
Joined: Sat Sep 24, 2022 9:00 pm
Ireland

Re: Court Orders and Irish Citizenship

Post by mellowmeadow » Tue Oct 11, 2022 7:12 am

Finepaddy wrote:
Tue Oct 11, 2022 1:50 am
Some Genius giving u completely wrong information.

No Family law matter need to declare in citizenship application.
It's only Criminal conviction u disclose not Family matters.

Still if u want to disclose then its up to u but Citizenship department is not interested Family matters.

U disclose Family matters to INIS when u apply independent status.
On the naturalisation form 8 section 11.11 it asks whether you have been involved in family law matters
I really hope it doesn't affect her application because she was the victim in that situation, not the perpetrator 😟

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