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That's just not true mate, any dual EU national has the choice. And anyone born in Northern Ireland is a dual EU national. No-ones taking about Irish rules either, we're talking about EEA rules.johannf wrote:Wanderer, will keep that in mind. However, we were told by the people that is assisting us with our applications, that apparently the UK immigration rules supercede the irish ones, so we still have to go the UK route...not sure how true this is, but I'm assuming these ppl know what they're talking about as they've been doing applications for some time....?
I wonder if you actually see the political explosivness here...johannf wrote:... Northern ireland under Irish laws... But I'm thinking, surely the same irish rules should be applicable in northern ireland?
[url=http://www.oup.com/uk/orc/bin/9780199238668/resources/updates/ch06/]Clayton: Textbook on Immigration & Asylum Law 3e Chapter 6[/url] wrote:6.3.1 Union citizens' rights of entry and residence
A number of cases have concluded that a British Citizen’s right of residence in the UK is derived from national law, not EC law. This was the case even when that British Citizen had dual nationality with another EU state. Thus in McCarthy v SSHD [2008] EWCA Civ 641 the appellant, who had dual British/Irish nationality was not residing in the UK, where she had lived all her life, pursuant to the Citizens’ Directive. Therefore her Jamaican husband could not obtain a right of residence as the family member of an EU national under the Directive. There was a similar conclusion in EN and AN (EEA reg 12: British Citizens) Kenya [2008] UKAIT 00028 in which the Kenyan children of a woman who married a dual British/Irish national and then moved with him to Northern Ireland could not benefit as the family members of an EU national. He was residing in the UK pursuant to domestic not European law.
http://www.nio.gov.uk/agreement.pdfrecognise the birthright of all the people of Northern Ireland to identify themselves and be accepted as Irish or British, or both, as they may so choose
That case is due to be heard in the ECJ by the end of October.86ti wrote:And the Clayton book also mentions that the McCarthy case went to the ECJ. I suppose thats the case the EUN mentions.