Non-EAA Help Please

[helix_26]

I am Irish Naturalized my parents are Non-EAA retired not currently in State how can I get them residence with me here, they are part of my household as I send them funds every month for living. It’s urgent I would appreciate if someone could guide me few options much appreciate and thanks as always in advance to all of you who can answer this query.

[strongbow]

dont think there's any option for achieving this as long as you are resident in the EU country of your naturalisation. if, for example you decide to move to UK it is possible.

[helix_26]

Hi Strongbow, thanks for the reply what i meant was I am still resided in Ireland and working here, but my parents are not here with me. Can i apply for them to come here and stay with me etc ?

[acme4242]

You can try, but as an Irish Citizen you have no right.
and the Dept have refused residency to Irish family members
before, see John Moylan case >here<

But before you became an Irish Citizen as a green card holder or
work permit holder you would have had an automatic right then.
But by becoming an Irish Citizen you lost that right.
Yes, Its truly F'ed up what O'Donoghue & Co have done.

Its more reverse discrimination against Irish Citizens. read >here<

A Guide to the Rights of family Reunification in Ireland

Irish Citizen: No right
Non-EEA spouse of Irish Citizen: No right
EU Citizen: yes, automatic right
Non-EEA spouse of EU Citizen: yes, automatic right
Non-EEA Citizen (green card holder): yes, automatic right
Non-EEA Citizen (work permit holder): yes, after 12 months
Refugee: yes, automatic right

source
A Guide to the Rights of Migrants and Residents in Ireland
http://www.migrantproject.ie

And Furthermore, you had to swear in good faith that you would not
leave the Irish state after you became an Irish Citizen, so you may
risk losing your Irish Citizenship by trying the EU route and living in
another EU country.

[strongbow]

And Furthermore, you had to swear in good faith that you would not
leave the Irish state after you became an Irish Citizen, so you may
risk losing your Irish Citizenship by trying the EU route and living in
another EU country.

Dont think this part is true. At the time of naturalisation one has to swear loyalty to the Irish state. This does not mean that one cannot live in another EU state (or even a non-EU state for that matter).
Legally there's nothing stopping an Irish citizen from moving to another country. If such a person acquired Irish citizenship by naturalisation all that person needs to do is to file an affidavit at the Irish embassy of this new country of residence indicating that he/she would like to keep his/her Irish citizenship. Failure to do so for 7 consecutive years _May_ result in his/her Irish citizenship being revoked.

[strongbow]

A Guide to the Rights of family Reunification in Ireland

Irish Citizen: No right
Non-EEA spouse of Irish Citizen: No right
EU Citizen: yes, automatic right
Non-EEA spouse of EU Citizen: yes, automatic right
Non-EEA Citizen (green card holder): yes, automatic right
Non-EEA Citizen (work permit holder): yes, after 12 months
Refugee: yes, automatic right

source
A Guide to the Rights of Migrants and Residents in Ireland
http://www.migrantproject.ie

this is interesting. I think you have interpreted family reunification to mean both with spouse as well as with parents. In this case the OP is asking about parents. I dont think a non-EEA national living in Ireland on the foot of a work permit or work visa can get his non-EEA parents to visit Ireland other than on a visitor visa (i.e. not more than 90 days---assuming that the parents are from a visa-required country)

[acme4242]

And Furthermore, you had to swear in good faith that you would not
leave the Irish state after you became an Irish Citizen, so you may
risk losing your Irish Citizenship by trying the EU route and living in
another EU country.

Dont think this part is true. At the time of naturalisation one has to swear loyalty to the Irish state. This does not mean that one cannot live in another EU state (or even a non-EU state for that matter).
Legally there's nothing stopping an Irish citizen from moving to another country. If such a person acquired Irish citizenship by naturalisation all that person needs to do is to file an affidavit at the Irish embassy of this new country of residence indicating that he/she would like to keep his/her Irish citizenship. Failure to do so for 7 consecutive years _May_ result in his/her Irish citizenship being revoked.

pardon me, maybe your right, I was thinking of the following

Naturalisation of spouses of Irish citizens
(h) intends in good faith to continue to reside in the island of Ireland after naturalisation,

I'll have to get back to you on this one... I don't know the
law related to standard Naturalisation.

http://www.irishstatutebook.ie/2001/en/ ... .html#sec5

Naturalisation of spouses of Irish citizens.


5.—The following section is hereby inserted after section 15 of the Act of 1956:


“15A.—(1) Notwithstanding the provisions of section 15, the Minister may, in his or her absolute discretion, grant an application for a certificate of naturalisation to the non-national spouse of an Irish citizen if satisfied that the applicant—


(a) is of full age,


(b) is of good character,


(c) is married to that citizen for a period of not less than 3 years,


(d) is in a marriage recognised under the laws of the State as subsisting,


(e) and that citizen are living together as husband and wife and that citizen submits to the Minister an affidavit in the prescribed form to that effect,


(f) had immediately before the date of the application a period of one year's continuous residence in the island of Ireland,


(g) had, during the 4 years immediately preceding that period, a total residence in the island of Ireland amounting to 2 years,


(h) intends in good faith to continue to reside in the island of Ireland after naturalisation, and


(i) has made, either before a judge of the District Court in open court or in such manner as the Minister, for special reasons, allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State.


(2) The Minister may, in his or her absolute discretion, waive the conditions at paragraph (c), (f), (g) or (h) of subsection (1) or any of them if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.â€

[acme4242]

A Guide to the Rights of family Reunification in Ireland

Irish Citizen: No right
Non-EEA spouse of Irish Citizen: No right
EU Citizen: yes, automatic right
Non-EEA spouse of EU Citizen: yes, automatic right
Non-EEA Citizen (green card holder): yes, automatic right
Non-EEA Citizen (work permit holder): yes, after 12 months
Refugee: yes, automatic right

source
A Guide to the Rights of Migrants and Residents in Ireland
http://www.migrantproject.ie

this is interesting. I think you have interpreted family reunification to mean both with spouse as well as with parents. In this case the OP is asking about parents. I dont think a non-EEA national living in Ireland on the foot of a work permit or work visa can get his non-EEA parents to visit Ireland other than on a visitor visa (i.e. not more than 90 days---assuming that the parents are from a visa-required country)

Here are the background documents

http://www.migrantproject.ie/documents/ ... 9.2009.pdf

http://acme.posterous.com/family-member ... h-national

[helix_26]

Okay so let me get this, so essentially I can make an application to the department but they might not approve it because I am Irish and non-eaa parents will not be considered my family, thats not great. Even though they are part of my household and i send them funds every month for living ?
I was on Workpermit initially then Stamp4 and then now got Naturalised as Irish. So being a EU citizen you would have more rights then being an Irish doesnt make sense !!

[acme4242]

Okay so let me get this, so essentially I can make an application to the department but they might not approve it because I am Irish and non-eaa parents will not be considered my family, thats not great. Even though they are part of my household and i send them funds every month for living ?
I was on Workpermit initially then Stamp4 and then now got Naturalised as Irish. So being a EU citizen you would have more rights then being an Irish doesnt make sense !!

Yes, that is pretty much it,
Its not fair, its not justice, and its not equality.
Most other countries in Europe don't do this to their own e.g. Italy don't.

As strongbow had suggested, you can leave Ireland
and make a new life in another EU country.
Then you can have a lawful right of family reunification.

[acme4242]

And Furthermore, you had to swear in good faith that you would not
leave the Irish state after you became an Irish Citizen, so you may
risk losing your Irish Citizenship by trying the EU route and living in
another EU country.

Dont think this part is true. At the time of naturalisation one has to swear loyalty to the Irish state. This does not mean that one cannot live in another EU state (or even a non-EU state for that matter).
Legally there's nothing stopping an Irish citizen from moving to another country. If such a person acquired Irish citizenship by naturalisation all that person needs to do is to file an affidavit at the Irish embassy of this new country of residence indicating that he/she would like to keep his/her Irish citizenship. Failure to do so for 7 consecutive years _May_ result in his/her Irish citizenship being revoked.

Hi strongbow,
As far as I can find out, the Irish naturalisation law requires that
the applicant intends in good faith to continue to reside in the island of
Ireland after naturalisation
While this seems nonsense in the context of free movement of own
Citizens. this is what the Dept got passed. Its there in the law.

Where did you find the details you mentioned above. They certainly
seem more reasonable and measured.
Is this a case of write a bad law, and then everyone just
ignores it.

[strongbow]

found this from the irish embassies

[Trimax]

(h) intends in good faith to continue to reside in the island of Ireland after naturalisation

That is so vague!!

Does that mean that the naturalised person can live in Northern Island if they choose?

and what of the Populated Islands around Ireland that are Irish territory?

Im of two minds about this:

As an Irish national, I can go anywhere in europe and live , forever, and I dont lose my citizenship . However an Irish person by naturalisation does not have these rights!

Or

It says INTENDS not WILL. so it shouldnt effect citizenship if the naturalized spouse relocates in the future as at the time of swearing the non eu spouse fully intended on staying in Ireland.

Eventually In the future my wifes mother will have to join us. My mom in law is alone without my wife. my wife has no other direct family. So eventually my mother in law will need my wifes care as she gets older, therefore she will need to come live with us.

If Ireland wont accomodate this then we will go somewhere that will, hopefully these stupid discriminatory laws will change by then.