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To avail of this part of the directive, your friend will be applying as partner of the union citizen. They would need to prove a durable relationship of 2 years of more with plenty of documentary evidence of relationship.IrishTom wrote:5)The right of all Union citizens to move and reside freely within the territory of the Member States should, if it is to be exercised under objective conditions of freedom and dignity, be also granted to their family members, irrespective of nationality. For the purposes of this Directive, the definition of ‘family member’ should also include the registered partner if the legislation of the host Member State treats registered partnership as equivalent to marriage.
http://www.inis.gov.ie/en/INIS/Pages/WP08000033Evidence of Identity:
For the applicant:
A Valid Passport
For the EU national:
A Valid Passport
OR
A Valid National ID Card
Evidence of Relationship with the EU National:
Where a person is applying on the basis of a family relationship with an EU national, the following evidence (with notarised translation where document is not in English or Irish) must be provided for the application to be considered:
For Marriage to the EU national:
A Civil Marriage Certificate.
For Dependant Parents, Grandparents and relatives in the ascending line of the EU National:
Birth Certificate(s)
OR
Other satisfactory evidence of relationship with the EU national
AND
Evidence of Dependency on the EU national
For Partnerships (including Same Sex):
A Civil Partnership Certificate
OR
Other satisfactory evidence of a durable relationship being in existence for at least two years.
For other Family Members:
Satisfactory evidence of relationship with the EU national
AND
Evidence of Dependency on the EU national
OR
Evidence of membership of the EU National’s household
OR
Medical evidence, including a medical report from a physician, hospital etc.., that you require the personal care of the EU National for Health reasons
I am not aware of the processing times in the states, but from experience, I think passports are obtained quite quick from embassies. I got mine in 10 working days.IrishTom wrote:She has only just applied for the childs Irish passport a couple of weeks ago in the Irish consulate in Toronto. What are the chances of the process being completed before September?
I am not too sure about this part, wait for others to reply. If she qualifies as a family member of the EU citizen (that is he holds an Irish Passport and is living in UK, ie: Northern Ireland) she can reside and work in the 6 counties but must register her presence after 3 months using form EU1.IrishTom wrote:Secondly, if the application is not processed by September, can she live and work in the 6 counties, due to her having a child with an Irish citizen? Does the directive cover her as a "family member"? They are friends now, not partners. Can she reside in the 6 but work in the 26 as there are more suitable job opportunities for somebody with her qualifications there?
I don't think so. But I am not sure, perhaps contact immigration with your questions or maybe ask Ben or one of the other Guru's.IrishTom wrote:Furthermore, does she, the mother of an Irish citizen, have the right to legally work in the 26 counties?
The directives are harder to figure out than the Da Vinci code.
http://www.inis.gov.ie/en/INIS/Pages/WP08000090Immigration Contact Details
All correspondence sent by post should be sent to the following address;
Irish Naturalisation and Immigration Service
13/14 Burgh Quay
Dublin 2
Four Immigration Helplines are available:
Enquiries regarding :
Spouse/Partner or family member (non-EEA) of an EU National
Due to a large volume of EU Treaty Rights ( EUTR ) applications and in an effort to provide an efficient service to applicants, the EUTR Helpline is suspended for the foreseeable future. Most of the enquiries to the Helpline relate to when decisions will be made in individual applications. Applications are processed in chronological order of receipt and you can expect a decision six months after you have submitted your fully completed application along with the required documentation. Incomplete applications will not be registered on receipt. Incomplete applications are those not accompanied by the required documentation.
Should you have queries other than the above, please email them to eutreatyrights@justice.ie.
Yes, it looks like it would be worthwhile to obtain British citizenship for the child too, albeit for the wrong reasons.Ben wrote:Hi Tom.
Have a read of the ECJ ruling on Chen.
It would appear that the child is a British citizen as well as an Irish citizen.
In Northern Ireland, the mother has the right to reside with her Irish national child, but will not be allowed to work until she has acquired Permanent Residence (5 years).
In Ireland, the mother has the right to reside with her UK national child and, to my knowledge, will not be restricted from working.
The child is already a British citizen. A passport is optional, but useful for circumstances such as these.IrishTom wrote:Yes, it looks like it would be worthwhile to obtain British citizenship for the child too, albeit for the wrong reasons.
Funny dude you. Wish your friends good luck. Glad to see you are learning some rudimentary lessons on people mobility, well hopefully; and hey dude, you couldn't have started with a better module than the EU directives. Good luck in your transformationIrishTom wrote:I dunno.9jeirean wrote: BTW what's the Derry dude doing in Canada having a baby with a native Canadian. He should be deported at once
What is a Nigerian doing claiming asylum in Ireland after hopping through countless numbers of safe countries?
Thanks for the reading material. I tried to explain to her that it would make things easier if the child obtained a British passport. She was a bit dumbfounded by that. Trying to explain the ins and outs of the directives to a straight talking Canadian is quite the task.Ben wrote:
It would appear that the child is a British citizen as well as an Irish citizen.
In Northern Ireland, the mother has the right to reside with her Irish national child, but will not be allowed to work until she has acquired Permanent Residence (5 years).
In Ireland, the mother has the right to reside with her UK national child and, to my knowledge, will not be restricted from working.
chen is quiet limited!Ben wrote:Hi Tom.
Have a read of the ECJ ruling on Chen.
It would appear that the child is a British citizen as well as an Irish citizen.
In Northern Ireland, the mother has the right to reside with her Irish national child, but will not be allowed to work until she has acquired Permanent Residence (5 years).
In Ireland, the mother has the right to reside with her UK national child and, to my knowledge, will not be restricted from working.
would you ever cope yourself on!acme4242 wrote:walrusgumble and IrishTom
so you start to see the injustice, please remember this has been created since 2002, mainly by John O'Donoghue and Herr McDowell.
This is a purely Irish made problem.
Other EU states (most of them in fact) do not treat their own with such contempt.
http://irelandsreversediscrimination.wordpress.com/
A British Passport will get you family rights in Ireland, An Irish passport will not.
Id recommend Derry to anyone. Lovely city and a great people. Just avoid getting into rounds with the locals.walrusgumble wrote: now now ben you are hitting a nerve into the irish mindben, what tom meant about his comments about getting british citizenship, well, yes you are right, but, ah you need to go to Derry to understand tom's attitude/comment there.
oh absolutely, I was a regular visitor to Derry for years. The wimmen know how to doll up, very very nice (until they open their mouths lol)IrishTom wrote:Id recommend Derry to anyone. Lovely city and a great people. Just avoid getting into rounds with the locals.walrusgumble wrote: now now ben you are hitting a nerve into the irish mindben, what tom meant about his comments about getting british citizenship, well, yes you are right, but, ah you need to go to Derry to understand tom's attitude/comment there.
walrusgumble wrote: oh absolutely, I was a regular visitor to Derry for years. The wimmen know how to doll up, very very nice (until they open their mouths lol)
walrusgumble wrote:I was suggesting to the other person to head up there to understand the natural attitudes towards the british or if ya from the waterfront, the irish, i just was not bothered going into it.
walrusgumble wrote: Not that both communities are always enemies. good example Derry City FC.its good to see the city moving
IrishTom wrote:The child will not be obtaining a British passport. Thats a non runner for reasons WG alluded to and I dont wish to discuss on here.
Sorry Tom, just so I can understand fully: Your Canadian friend is saying that if moving to Ireland with her son were to be conditional on her obtain a British passport for him, she would prefer to stay in Canada?IrishTom wrote:Well, she is adament that her son will grow up as an Irish citizen. British citizenship will not enter the equation. He is Irish, according to her. To call her son, a British citizen goes against the grain.
Ben wrote:IrishTom wrote:The child will not be obtaining a British passport. Thats a non runner for reasons WG alluded to and I dont wish to discuss on here.Sorry Tom, just so I can understand fully: Your Canadian friend is saying that if moving to Ireland with her son were to be conditional on her obtain a British passport for him, she would prefer to stay in Canada?IrishTom wrote:Well, she is adament that her son will grow up as an Irish citizen. British citizenship will not enter the equation. He is Irish, according to her. To call her son, a British citizen goes against the grain.
Has your friend considered obtaining the British passport, using it for her benefit in her application for a Residence Card, then burning it to cinders immediately after receipt?
A child who moves to Ireland at the age of five, who is an Irish citizen and who has an Irish father, would not really "grow up" (culturally) as anything other than an Irish citizen, would he? Would the fact that his father happened to be born in a Northern county make any difference?
Finally, perhaps your Canadian friend ought to remember that the status quo of Northern Ireland is what provides her with a mechanism to live, with her son, in Ireland. If her child were not also a British citizen, your friend would have no right to live here at all.
is there any chance that there is a relationship between the mother and father? would he not come south? she must be very confident that she would get work or that the child would get a place in school. could she afford health insurance and all?IrishTom wrote:Ive spoken to the wee girl on the phone again.
She is baffled, as am I. The only way she can live and work in her sons native country is by obtaining a British passport?
Her son is as Irish as Bertie Ahern claiming he won his cash on the horses.
The wee lad has a first native mother(ergo he is a first native too) and an Irish father(albeit under British occupation).
So, it seems like the lad has to obtain a British passport for his ma to work in the 26, where her skills are needed, to receive leave to remain.
Well, she is adament that her son will grow up as an Irish citizen. British citizenship will not enter the equation. He is Irish, according to her. To call her son, a British citizen goes against the grain. Hes as Irish as moi. She plans to visit once he finishes his pre-school in Canada. So we can have a wee chat with the GNIB.
This is ripe for a court case.