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How to Stay, applied 4 citizenship via G.Father-Long Story!

Forum to discuss all things Blarney | Ireland immigration

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atravellingsoul
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Location: United States

How to Stay, applied 4 citizenship via G.Father-Long Story!

Post by atravellingsoul » Fri Dec 12, 2008 5:42 am

Synopsis:
US citizen-applied for Irish citizenship via Irish G.father Dec. 2008
How can I get Stamp 4, 5 or 6 to work during this time? My story below.

Sept. 2005 - Moved to Ireland w/3 kids. Met my Irish BF (man of my dreams & still is today).
Intended to stay through my then marriage to EU Greek citizen (22 yrs) who resided in US by getting my Irish citizenship & kids Dual citizenship & Passports. I pd. 3,500 beg. 2004 Genealogist wanted more money 2005, had nothing, scammed! So, would stay via kids dual citizenship. HA, NOT!

Adult kids & I -enrolled in college. My minor in old secondary.
Adult kid (girl) moved back to US 6 months later.

Greek embassy: 2006, Registered all 3 births, denied passports for kids stating:
22 yr old son w/high functioning autism, had to enroll in Greek army.
14 yr old daughter, can not get a passport until 18 yrs without fathers permission..he gave...they denied again. I also had custody & residency rights per court!

Dec. 2006; I got severely ill, Hysterectomy, no Iron, no B-12, depression, Divorce was 2 days out of hospital. Custody dispute, I won. No child support, until Jan. 2007, then child wanted to stay in US! Ex and I now friends, no issues...BF still waiting..bless his soul!

My life: 2007 & 2008...3 month in Ireland...3 months in US.
Work in IT (Research database spec.) applied for HUNDREDS OF JOBS! Can not get anything! No work visa, no green card.

Nov. 2008 - In Ireland for 1 month to visit recruiters, job hunt, wait for 2 possible interview (now not till next month ..if shortlisted).
Accidentally met a real Genealogist, gave vital info..within 2 hours found G.Father's birth info etc. by Gods grace. Now..applied for citizenship, told if I get a stamp 4 can work or go to school (I want both). I then, would get a job..as all turned down because of my status & work visa/green card issue.

So, Please can anyone help me? I want to move forward with my life! Settle & work while waiting for citizenship, so how do I get stamped to work until my birth is registered, certified and oath taken?
I now have the support of my Ex(good friendship there), my kids, family.

I have the worlds most wonderful Boy Friend and I don't want to loose him, he's waited so patiently. We both refuse to just marry to FIX things. We wanted everything done legally and morally right.

So does anyone have any suggestions? Does, LTR apply while I wait? Are there any EU laws (regarding my 22 yrs married to an EU citizen).

1 Important footnote: I was stalked by a man who suffered brain damage from a fall at our work from 2002-2004..hence my choice to move overseas. I felt safe there, happy there, met and fell in Love...Ireland is Home...when I'm in the US...bad memories..fears of re-stalking.

I'm desperate; Where are my rights as a human being, to be able to live free & happy?
:?:

mktsoi
Member of Standing
Posts: 322
Joined: Sat Sep 17, 2005 8:27 pm

Re: How to Stay, applied 4 citizenship via G.Father-Long Sto

Post by mktsoi » Fri Dec 12, 2008 9:07 am

atravellingsoul wrote:Synopsis:
US citizen-applied for Irish citizenship via Irish G.father Dec. 2008
How can I get Stamp 4, 5 or 6 to work during this time? My story below.

Sept. 2005 - Moved to Ireland w/3 kids. Met my Irish BF (man of my dreams & still is today).
Intended to stay through my then marriage to EU Greek citizen (22 yrs) who resided in US by getting my Irish citizenship & kids Dual citizenship & Passports. I pd. 3,500 beg. 2004 Genealogist wanted more money 2005, had nothing, scammed! So, would stay via kids dual citizenship. HA, NOT!

Adult kids & I -enrolled in college. My minor in old secondary.
Adult kid (girl) moved back to US 6 months later.

Greek embassy: 2006, Registered all 3 births, denied passports for kids stating:
22 yr old son w/high functioning autism, had to enroll in Greek army.
14 yr old daughter, can not get a passport until 18 yrs without fathers permission..he gave...they denied again. I also had custody & residency rights per court!

Dec. 2006; I got severely ill, Hysterectomy, no Iron, no B-12, depression, Divorce was 2 days out of hospital. Custody dispute, I won. No child support, until Jan. 2007, then child wanted to stay in US! Ex and I now friends, no issues...BF still waiting..bless his soul!

My life: 2007 & 2008...3 month in Ireland...3 months in US.
Work in IT (Research database spec.) applied for HUNDREDS OF JOBS! Can not get anything! No work visa, no green card.

Nov. 2008 - In Ireland for 1 month to visit recruiters, job hunt, wait for 2 possible interview (now not till next month ..if shortlisted).
Accidentally met a real Genealogist, gave vital info..within 2 hours found G.Father's birth info etc. by Gods grace. Now..applied for citizenship, told if I get a stamp 4 can work or go to school (I want both). I then, would get a job..as all turned down because of my status & work visa/green card issue.

So, Please can anyone help me? I want to move forward with my life! Settle & work while waiting for citizenship, so how do I get stamped to work until my birth is registered, certified and oath taken?
I now have the support of my Ex(good friendship there), my kids, family.

I have the worlds most wonderful Boy Friend and I don't want to loose him, he's waited so patiently. We both refuse to just marry to FIX things. We wanted everything done legally and morally right.

So does anyone have any suggestions? Does, LTR apply while I wait? Are there any EU laws (regarding my 22 yrs married to an EU citizen).

1 Important footnote: I was stalked by a man who suffered brain damage from a fall at our work from 2002-2004..hence my choice to move overseas. I felt safe there, happy there, met and fell in Love...Ireland is Home...when I'm in the US...bad memories..fears of re-stalking.

I'm desperate; Where are my rights as a human being, to be able to live free & happy?
:?:
if you can proof that your grandparents are irish, why dont you try the irish embassy? or if you are in ireland. just go to the DOJ and ask.

Ben
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Post by Ben » Fri Dec 12, 2008 9:15 am

Hi atravellingsoul,

EU regulations cannot help you, since you are not the family member of an EU national who is exercising Treaty rights in Ireland.

Your right to reside in Ireland can be determined only by Irish national law.

The wait for an Irish citizenship application to be processed is about 2 1/2 years, so I understand.

mktsoi
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Posts: 322
Joined: Sat Sep 17, 2005 8:27 pm

Post by mktsoi » Fri Dec 12, 2008 9:19 am

benifa wrote:Hi atravellingsoul,

EU regulations cannot help you, since you are not the family member of an EU national who is exercising Treaty rights in Ireland.

Your right to reside in Ireland can be determined only by Irish national law.

The wait for an Irish citizenship application to be processed is about 2 1/2 years, so I understand.
2 1/2 years for irish descent application?

Ben
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Post by Ben » Fri Dec 12, 2008 9:46 am

mktsoi wrote:2 1/2 years for irish descent application?
Apologies, atravellingsoul. I was wrong to have said 2 1/2 years. This is incorrect in your case. From this link:
Citizenship through descent from Irish grandparents

If one of your grandparents is an Irish citizen but none of your parents was born in Ireland, you may become an Irish citizen. You will need to have your birth registered in the Foreign Births Register.

If you are entitled to register, your Irish citizenship is effective from the date of registration. The Irish citizenship of successive generations may be maintained in this way by each generation ensuring their registration in the Foreign Births Register before the birth of the next generation.

Since 1 July 1986, a person registered in the Foreign Births Entry Book after 1986 is deemed to be an Irish citizen only from the date of his/her entry in the Register and not from the date of birth. This means that children born to that person before his/her date of entry in the Register are not entitled to citizenship.

People registered before July 1986 are deemed Irish citizens either from the date the original Irish Nationality and Citizenship Act came into force, that is, 17 July 1956, or their date of birth, whichever is later. Only children born after 17 July 1956 can claim citizenship in such cases.
You said you applied for Irish citizenship via Irish G.father Dec. 2008. Did you have your birth registered in the Foreign Births Register? It would appear that once you have done this - you are an Irish citizen.

atravellingsoul
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Location: United States

Thanks for responding so fast! But..Heaven knows I've asked!

Post by atravellingsoul » Fri Dec 12, 2008 10:26 am

I should have wrote in the first line; Am applying (Dec. 2008), not applied for Irish citizenship... as I am going to the Irish embassy in my resident country...the US (Washington, D.C.) sometime next week.
I have asked and I keep getting mixed info, that's why I'm here.
I've called; "Foreign Affairs" who says I need to submit my paperwork first?
Citizens Info in Ireland, not sure if they are correct...on LTR, just submitted a query on they're website rather than phone.
3 Lawyer's I've asked in Cork...not sure? 2 Garda in Cork, 1 retired Garda in Cork...say it's at their discretion.
Refugee & Asylum seekers Assistance in Ireland...Yep, I've gone that far for answers, not sure & said "wait until I come back in Jan. 09"???? LOL!

Get in first then fight it when I'm there? Seems a bit backwards, when I should have some recourse to say to the immigration officer upon my entry...."I have applied for citizenship through birth descent....and wish request or be allowed to have leave to remain based on.....and according to......." as my answer.

As I said, I am a very...Dudley Do Right person, I will not enter as a vacationer and then turn the tables.
The law is the law, be it right or wrong.
I just want to know "What recourse" or "How to legally to stay during the interim so I may work without continually running into the same issue". This has been physically, mentally and financially draining on me. I was hoping someone has dealt or heard of some similar situation and how to approach the Garda regarding this.

Maybe its me...but a woman in IT for more than 15 years, AS400 mainframes, all recruiters stating my CV is great, no adjustments needed...then why can't I get work? All interviews went extremely well. Told, the same thing time and again.....The "employer doesn't want to wait or deal with the waiting period of work visa's or green cards because they are so backed up". And is it me...as lately, I only hear of men getting their work visa's or green cards...unless your a nurse or doctor?

I was told by Citizen Info (while in Ireland) go for "Leave to remain", then after reading it, it appears to be another process taking up to a year plus!
And...you make a copy of your "Certificate of Registration"...if I had that, I wouldn't be so frantic?
The "Certificate of Registration" is for "Naturalization" purposes and it appears to be a final step prior to taking the "Oath" of citizenship.
To supersede the process with a certificate I can't get until foreign affairs validates, certifies and puts me in the registry.
If I had...step 2 of the 3 step process...I could work...right, but that's not given from date of application...its from date of registration...which is taking almost 2 years now.
Am I missing something here? I am new to this, as up until a few weeks ago...I had forgone any hope of attaining my Irish citizenship, and have been thrown once again... head first into the whole "dual citizenship" fight I had 4 yrs ago ...spent and lost thousands of dollarsn...only to attain...my kids names on Greek registries...no passports, hence...no right to remain!

I have my proof, that's not the issue now. Its after applying, it appears that its done through the Garda immigration, at their discretion and the LTR is more towards "Naturalization" than "Citizenship" through descent.

So, has anyone heard of a similar situation on;
Someone married 22 yrs to an EU citizen, yet not recognized with EU Laws or Treaties?
That in and of itself the EU Treaty needs to address!
Have kids with Dual EU/US citizenship attained from an EU national marriage, yet cannot get their passports?
Has applied for; Irish Citizenship through descent of G.parent, while in a long term relationship with Irish citizen of several years, prior to and up to said application?

So any idea's on the "Legal & Proper" way to get Garda to allow me a stamp 4 or "EU Law" that would apply to assist in my procedure to attain the Stamp 4?
I would like to know ...
1. What to ask the Irish Embassy or
2. What my rights are regarding any of the above situations?
3. Do I have a recourse by EU Law, if I'm told that I cannot stay?
4. Do I have a recourse by way of "making application" for citizenship?
5. If I have to do the LTR, with those documents (i.e. police etc, do I
need to get additional long form birth certs/marriage certs etc. or will
copies of my originals for the embassy/consulate office work?

I'm not trying to play lawyer...I've just been inundated with "Rules" and "Legislation" and no clear cut ...written out documents to prove my case or that I can show to prove my rights...if I have any that is.

Worried...Yes, I've been there...done that...4 years ago...
"Greek embassy"...its clear cut, easy...until you get to the passports!


A very weary traveling soul!

Ben
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Re: Thanks for responding so fast! But..Heaven knows I've as

Post by Ben » Fri Dec 12, 2008 10:45 am

atravellingsoul,

You're over-complicating the issue.

As I mentioned, EU law cannot help you since you are not the family member of an EU national who is exercising Treaty rights in Ireland. So forget that.

Even better, you yourself have access to Irish citizenship!

The citizensinformation.ie webpage that I linked to above, says clearly "If one of your grandparents is an Irish citizen but none of your parents was born in Ireland, you may become an Irish citizen. You will need to have your birth registered in the Foreign Births Register. If you are entitled to register, your Irish citizenship is effective from the date of registration."

Have you called the Irish Embassy in Washington to enquire about how to have your birth registered in the Foreign Births Register?

The Embassy of Ireland in Washington D.C. is open to the public Monday to Friday from 09.00 – 13.00 and from 14.00 - 16:00. Address: Embassy of Ireland, 2234 Massachusetts Ave NW, Washington DC 20008. Main Tel: 1-202-462-3939.

http://www.embassyofireland.org/home/in ... x?id=30783

Once your birth is registered, you are immediately an Irish citizen from that date and can apply for an Irish passport.

atravellingsoul
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Location: United States

The Foreign Birth Registar

Post by atravellingsoul » Fri Dec 12, 2008 10:55 am

A respondent sited that the "process takes 12-15 months", is this to get your name in the Registrar or to get the certification showing proof?

Hmmm I've been up all night, so I'm sorry if this seems so complex...
My main goal is to be able to work and finish college when I get there. Not to live off of anyone or the State. I'm very independent and lately...I'm feeling very frustrated.
I just don't want anything to go wrong, like last time. So I'm trying to be prepared in what to ask or what to site to attain a Stamp 4 without question.

Again, Thank you all for responding so fast, I appreciate any and all comments, and again...sorry for everything being so lengthy.

atravellingsoul
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Location: United States

I think your right....I am Complicating the issue

Post by atravellingsoul » Fri Dec 12, 2008 11:01 am

benifa, LOL....my boyfriend said the same thing to me the other day.
It's from what happened with my kids Dual that has sent me in a panic.
I was worried about the "Date of Registration" ...its effective date...could that take the 1-2 yrs. Believe me, I have reason to over complicate things...I haven't had it very easy the last 4 years. But I thank you for your frankness....
I need to just proceed ahead, and not get into the technicalities ...fine lines of everything I read. It's mind boggling...so sorry I posted prior to reading your last post.

mktsoi
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Re: The Foreign Birth Registar

Post by mktsoi » Fri Dec 12, 2008 11:36 am

atravellingsoul wrote:A respondent sited that the "process takes 12-15 months", is this to get your name in the Registrar or to get the certification showing proof?

Hmmm I've been up all night, so I'm sorry if this seems so complex...
My main goal is to be able to work and finish college when I get there. Not to live off of anyone or the State. I'm very independent and lately...I'm feeling very frustrated.
I just don't want anything to go wrong, like last time. So I'm trying to be prepared in what to ask or what to site to attain a Stamp 4 without question.

Again, Thank you all for responding so fast, I appreciate any and all comments, and again...sorry for everything being so lengthy.
i forgot to ask you this as well. do you have all the paper work to proof that you have irish born grandparents? if not, get the paper ready. apply it first. the next thing you can ask the embassy is, can you apply the foreign birth registration then so up in ireland and wait. the retired garda told you that it is in their discretion, remember? they might give you a stamp 4 based on what info you can produce. get me? you will be amuse what the GNIB can offer with their rubber stamp.

or u can protest outside the irish embassy in DC. say that they want the us gov to take 50 thousand irish and the irish gov cant even take one in? just kidding, dont try this. i was trying to be funny here:P

atravellingsoul
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mktsoi-Very good point

Post by atravellingsoul » Fri Dec 12, 2008 10:44 pm

I was thinking the same thing...copies and possibly some letter or proof to provide the Garda when approaching them about the stamp 4. Your joke...hysterical.

I found this Referencing "Entry into the Registration Book"
"Hungary's Irish embassy website...but I'm sure it applies to all.

Its an important piece of information not related to the lay person.

The point here is:
Entry into the "Foreign Registry Book" it appears..and anyone please correct me if I'm wrong.... entries are not sent outside to Dublin's Foreign Affairs for processing. Rather, the info is updated/sent later on.
Entry date is done there.
Thus...this explains the "Back log" in Ireland, as they are processing all entries...whereas "Foreign Births" processed outside are still done from the applicants home embassy (how many go through there?)

http://www.dfa.ie/home/index.aspx?id=32653

Foreign birth registration:"Where an applicant and his/her parents were born outside Ireland but one of the applicant’s grandparents was born in Ireland, an application may be made for Irish citizenship through entry in the Foreign Births Registration Book held in the Embassy. "

atravellingsoul
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mktsoi-Very good point

Post by atravellingsoul » Fri Dec 12, 2008 10:48 pm

Important info was:
"HELD IN THE EMBASSY"

mktsoi
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Re: mktsoi-Very good point

Post by mktsoi » Sat Dec 13, 2008 9:42 am

atravellingsoul wrote:I was thinking the same thing...copies and possibly some letter or proof to provide the Garda when approaching them about the stamp 4. Your joke...hysterical.

I found this Referencing "Entry into the Registration Book"
"Hungary's Irish embassy website...but I'm sure it applies to all.

Its an important piece of information not related to the lay person.

The point here is:
Entry into the "Foreign Registry Book" it appears..and anyone please correct me if I'm wrong.... entries are not sent outside to Dublin's Foreign Affairs for processing. Rather, the info is updated/sent later on.
Entry date is done there.
Thus...this explains the "Back log" in Ireland, as they are processing all entries...whereas "Foreign Births" processed outside are still done from the applicants home embassy (how many go through there?)

http://www.dfa.ie/home/index.aspx?id=32653

Foreign birth registration:"Where an applicant and his/her parents were born outside Ireland but one of the applicant’s grandparents was born in Ireland, an application may be made for Irish citizenship through entry in the Foreign Births Registration Book held in the Embassy. "
a piece of advice for u as well. if they do not required you to give them true copy of your documents, dont give them true copy. just give them certified copy. documents do go missing in the government services in ireland. you know this bit, right?

Ben
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Post by Ben » Mon Dec 15, 2008 1:43 pm

Two steps are all that are needed.

1. Visit the Irish Embassy in Washington and have your birth registered in the Foreign Births Register.
2. Apply to the Irish Embassy in Washington for an Irish passport.

There is no need to put legs on a snake.

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