Out of interest, how does the UK deal with non EU spouses married to their citizens, where EU law does not apply?
As seen in the case of R v Mahmood, it does not infringe Article 8 of ECHR
Matters such as length of relationship, legal status at time of marriage, whether there are children all are allowed to be considered here.
I must say, though, what I am concerned about it the inconsistencies as to the results. Some being granted status and some not, despite being weaker cases. You won't get too many sympathatic people about this matter where a non eu spouse is on a status of anything less than a stamp 2, and no sympathy where one has applied and refused asylum and being granted a deportation order and then marries. - still, the Minister has that decision, and has still granted residency, though is inconsistent.
As the EU spouse is expected not to be an unreasonable burden to the
state and economically viable or insured, surely it is correct to expect a similar enough situation for irish - non eu citizen relationship. As for bringing other family members into Ireland, are you taking the piss? WHo would you need to bring in? Your a bloody adult, you did alright without your mammy and daddy before hand. can you even guarantee that they will not even claim a pension or health requirements? If I was living in the US I could not be expected to bring over my parents or brothers. The reality of the EU right is rather limited in practice anyway, it won't apply to everyone unless you got some money in the pocket
Why should a deportee, who has not been in the country, never mind in a proper relationship for a decent period, be allowed to side wind the asylum system and deporation procedures by then and only then decide to marry? In light of ECtHR case law that has on regular occassion, confirmed that a state is not obliged to respect the choice of a couples residency. If there is a genuine relationship fair enough or a child involved as least its an argueable case, but no way should the institution of marriage be hijacked in
certain situations like this. The couple are on notice of the risks that the partner could be deported and if the spouse is not willing, in such eventualities, to relocate to be with the non eu spouse, (unless they are genuienly from dangerous countries) then they should not get married. Don't go whinging
Ye EU law saws different, but Ireland is not obliged to follow other states who have ended "reserve discrimination"
Its a matter of Irish law and not EU law. A matter which the Irish and only the Irish can seek to change, so far, it seems that its not a priority, though it should be determined by statue law and not to the discretion of the minister. If the Irish citizen actually bothers to travel outside the 26 counties, then they can fall within EU law freemovement rules. It does take that much effort to move up north of the M1 for a few months if they are that bothered.
For all yer whinging, if an Irish person or British person etc married you, and went to live in your country, how would your country deal with that person's right to reside and continue practicing their culture and beliefs, and could they have a right to bring their own family over? If not, why?
You can always consider those countries who treat others the same as their own and see how far you get. Italy, by all accounts if very friendly to the foreigner
you think the asylum boys get a rough time in ireland (they do in fairness) then you have not seen what goes on in Italy and Greece.
It is actually possible, for purpose of genuine discussion to actually obtain a data base outlining the nationalities and in particular the legal status of the non eu citizen at the time of marriage and in particular known data of couples that have been reported to no longer live together (this would be known by INIS during investigations, and renewal applications)
