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I couldn't find a link to the Court Decision from March, but the link above to the case which was decided upon by Judge Edwards in July, seems to accept that a period of 11 months to decide upon the applicants right to reside, finalising by saying"A person in the position of the first named applicant (non-EU male) who is married to an non Irish citizen of a European Union Member State is entitled under European Law to have an application for permission to remain in the State determined by the first named respondent (DoJ) within six months. The failure by the first named respondent (DoJ) to determine applications in respect of Irish citizens as quickly as those in respect of non Irish citizens of EU member states is irrational, disproportionate and ultra vires. Because the first named applicant is not entitled to work until a positive decision is made on his application the second named applicant is obliged by economic necessity to engage in labour to the neglect of her duties in the home. That state of affairs is in contravention of Article 41 of the Constitution of Ireland and of Articles 8 and 10 of the European Convention on Human Rights and Fundamental Freedoms, so say the applicants. "
"As I have not found that the first named respondent has been guilty of unreasonable and unconscionable delay to date, and as a decision is imminent and is likely to be given within the bounds of what is reasonable, it is not necessary for me to consider the separation of powers issue or indeed the question as to whether or not mandamus would have been an appropriate remedy in this case. For the reasons outlined I will dismiss the application. I will hear arguments with respect to costs. "
scrudu wrote:Think this is the one: http://www.courts.ie/80256F2B00356A6B/0 ... anguage_en~
K M AND D G - v- THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM, IRELAND AND THE ATTORNEY GENERAL
Date of Delivery: 17/07/2007
The non-EU citizen (male, country not mentioned) entered Ireland on foot of a Student Visa valid until Sept 2005. This was then extended until end of June 2006. He did not leave the country, but then married his Irish wife in July 2006. In Sept 2006 he applied to the DoJ for permission to remain in the state on the basis of his marriage to an Irish citizen. This letter was acknowledged by letter in Oct 2006 which stated that it would take 12-14 months to process the application, and that he had no rights to work during this time.
The non-EU citizen and his solicitor sent a number of letters to the DoJ requesting that the case be expedited as it was causing undue hardship as the applicant was not permitted to work. The DoJ wrote in Jan 2007 saying that applications were taking 11 months to be processed. On the 26th of March 2007 the applicant was successful in applying to the High Court for the following:The High Court further stated that
- "an order of mandamus, ordering the DoJ to determine the applicants permission to remain in the State within 21 days",
- "an interim injuction ordering the DoJ to determine the applicants permission to remain in the State within 21 days",
- " a declaration that the applicants are entitled to have the DoJ determine the applicants permission to remain in the State promptly, but within at least 6 months of date of application"
- "damages for breach of constitutional rights and/or breach of EU Convention of Human Rights and Fundamental freedom"
- "Costs of the application"
I couldn't find a link to the Court Decision from March, but the link above to the case which was decided upon by Judge Edwards in July, seems to accept that a period of 11 months to decide upon the applicants right to reside, finalising by saying"A person in the position of the first named applicant (non-EU male) who is married to an non Irish citizen of a European Union Member State is entitled under European Law to have an application for permission to remain in the State determined by the first named respondent (DoJ) within six months. The failure by the first named respondent (DoJ) to determine applications in respect of Irish citizens as quickly as those in respect of non Irish citizens of EU member states is irrational, disproportionate and ultra vires. Because the first named applicant is not entitled to work until a positive decision is made on his application the second named applicant is obliged by economic necessity to engage in labour to the neglect of her duties in the home. That state of affairs is in contravention of Article 41 of the Constitution of Ireland and of Articles 8 and 10 of the European Convention on Human Rights and Fundamental Freedoms, so say the applicants. ""As I have not found that the first named respondent has been guilty of unreasonable and unconscionable delay to date, and as a decision is imminent and is likely to be given within the bounds of what is reasonable, it is not necessary for me to consider the separation of powers issue or indeed the question as to whether or not mandamus would have been an appropriate remedy in this case. For the reasons outlined I will dismiss the application. I will hear arguments with respect to costs. "
when immigration / asylum cases are reported, full names and sensitive information is normally excluded. but see below, scrudu got the case. although that case dealt with a leave to remain, one would argue in pre leave phase at least, that in light of km (ministerial discretion), it would apply to citizenship.ashimashi wrote:interesting...
Walrus, could you please send me the full names in that case you're mentioning? can't find it anywehere.
I got the long term residency after 5 yrs on w/permit.there is a very nice lady who works in that section,if you call her she will tell you all you need to know. If you send me a PM I will give you her details & number.
if you got your 5 years as legal resident in ireland, and working. i dont see why they would refuse your application. get whatever police certs you need to get and send it in before they ask you. they are going to ask you at some point anyway, why not send it in early?sovtek wrote:Does anyone know if they send the request for a police cert before or when they are processing the application?
I applied in April 07 and haven't heard a word...even when I've notified of change of address.
Hi everyone,sovtek wrote:Does anyone know if they send the request for a police cert before or when they are processing the application?
I applied in April 07 and haven't heard a word...even when I've notified of change of address.
Your application for LTR & Naturalization are mutually exclusive. ie once you've completed your initial 60 months legal residence in the State you can submit both LTR & Naturalization applications simultaneously. Atleast that knocks off 2 years waiting time from 9 to just 7Maliklahore wrote:Hi Just Passed my 5 years with my Working Visa . As i have gone through the whole page i thinks its gone be 9marialear wrote:Hi everyone,
Well, I've finally clocked my 5yr legal residence for applying for Irish naturalization. I went to an immigration lawyer in Dublin on Tuesday and she went through everything with me and signed my application. All good to go (thank God!) She also mentioned that the current waiting time is 24months and suggested that I apply for Long-term residency while I waited.
Huh? Long-term residency, didn't know it was an option. So, I phoned the Dept of Justice immigration section yesterday & was told that to apply for long-term residency I need 60 months of 'Stamp 1' stamps in my passport, copies of all my work permits and simply write a letter specifically requesting the long-term residence status. No application form and no fee. The wait is about 14-16 weeks and that's it. You get a certificate or letter in the mail and present to the Garda and that's it!
The Dept Justice worker also said that with long-term residency I would no longer have to get work permits, no longer register annually with Garda and (most important to me) no longer be bound to the one employer, I can change jobs. The lawyer mentioned to me that the application for citizenship and the application for long-term residence are mutually exclusive so they would not interfere with each other.
Has anyone out there applied for long-term residency in Ireland? If so, what is the deal? Is everything I heard true?Any info provided would be greatly appreciated! Thanks!
Mariayears to get Irish passport?5 years working 2 years Long Term Res. 2 year naturalization ? can you please correct me in case i am wrong .
Regards
A query about garda clearance, please help if this is what they need for LTR ?aswadref wrote:hello guys,
strange enough one of my friends applied in july 2008 and was asked for police clearance certificate in sept 2008 and he got the long term recidency in nov 08....could be luck wht you think guys
well I agree with you... but when I applied the LTR, It was being processed in 11 months and the naturalisation was in 18 months at the time... within the last year, this has changed to 22 months to 36 months...strongbow wrote:wondering if there's any point in applying for LTR when both LTR and citizenship processing are taking the same time!
Congratulations!!I applied in 2006 for LTR - Received letter today that it is approved and I can stay for another 5 years.
You can get a multiple re-entry visa for the duration of your permission. If you have stamp 4 for 5 years, you can get re-entry visa for 5 years.consider your self lucky, You need not pay 150 euros (GNIB registration) + 100 euros multiple entry visa for every two years . 500 euros saving for you!!!
That could be it. I have applied my citizenship later month. Now they are asking copy of passport, working visa/work permit and GNIB?i really suggest you put your application together citizenship and long term coz thats what i did and i got naturalisation first.good luck everyone