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citizenship and sworn affidavit

Forum to discuss all things Blarney | Ireland immigration

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markid
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Ireland

citizenship and sworn affidavit

Post by markid » Sun Feb 19, 2023 7:20 pm

Hi All.

I have been living in Ireland for 30 years and I have applied for citizenship as stateless 5 years ago. Now they sent me a letter asking to provide sworn affidavit that I am not entitled to citizenship anywhere else but the fact I don't know and I don't want to know as all my life living in Ireland and Ireland is my home. What are my options?
Thank you so much

meself2
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Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: citizenship and sworn affidavit

Post by meself2 » Sun Feb 19, 2023 7:27 pm

Where did you come to Ireland from, what are your parents' nationalities when you were born? What's your legal status in Ireland?

Most countries don't just take citizenship away, you have to act on it and they won't let you lose their citizenship if you don't have any other one.

Also, since you've been in Ireland for 5 years, technically you can apply for citizenship as normal citizen via naturalization, not as stateless. When granted, you'll hold Irish citizenship in the same way as every naturalized citizen; besides, Ireland allows dual citizenship, so it's a question about your former nationality.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

markid
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Ireland

Re: citizenship and sworn affidavit

Post by markid » Sun Feb 19, 2023 7:55 pm

meself2 wrote:
Sun Feb 19, 2023 7:27 pm
Where did you come to Ireland from, what are your parents' nationalities when you were born? What's your legal status in Ireland?

Most countries don't just take citizenship away, you have to act on it and they won't let you lose their citizenship if you don't have any other one.

Also, since you've been in Ireland for 5 years, technically you can apply for citizenship as normal citizen via naturalization, not as stateless. When granted, you'll hold Irish citizenship in the same way as every naturalized citizen; besides, Ireland allows dual citizenship, so it's a question about your former nationality.
You didn't read my post I am living in Ireland over 30 years (stamp4) and 5 years ago I applied for citizenship and for the last 5 years my application was on hold.

If your country split apart or no longer exist, you became stateless. It doesn't matter what country my parents come from is no longer on the map.

What are my options as all my life since teen years living in Ireland?

meself2
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Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: citizenship and sworn affidavit

Post by meself2 » Sun Feb 19, 2023 8:08 pm

markid wrote:
Sun Feb 19, 2023 7:55 pm
You didn't read my post I am living in Ireland over 30 years (stamp4) and 5 years ago I applied for citizenship and for the last 5 years my application was on hold.
Apologies, I assumed you applied for citizenship based on the last 5 years. I do understand you're here for longer.
markid wrote:
Sun Feb 19, 2023 7:55 pm
If your country split apart or no longer exist, you became stateless.
Okay, that's a different story then.
markid wrote:
Sun Feb 19, 2023 7:55 pm
What are my options as all my life since teen years living in Ireland?
Do what they ask for, if you know you're not entitled for citizenship anywhere else - provide the affidavit. I would consult immigration solicitors, since it may depend on your individual circumstances.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

littlerr
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Re: citizenship and sworn affidavit

Post by littlerr » Sun Feb 19, 2023 8:37 pm

If your country split apart or no longer exist, you became stateless.
That is not entirely correct. For example after Czechoslovakian split into two countries, both governments started issuing passports to those who originally hold the old Czechoslovak passport, which extends to those whose parents or grandparents that held such passports. This is sometimes called citizenship by declaration. Ireland had similar approaches to wives of Irish citizens who could obtain post-nuptial citizenship by declaration before 2005, so a stateless person would in these cases become eligible for that country’s citizenship.

If you are *eligible* for a different passport by simply making a declaration (like the scenarios above), you must disclose this information to INIS. Saying that you don’t want to know will not be a valid reason. You can declare that you genuinely think you don’t have a way of obtaining a foreign passport.

markid
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Ireland

Re: citizenship and sworn affidavit

Post by markid » Sun Feb 19, 2023 8:50 pm

littlerr wrote:
Sun Feb 19, 2023 8:37 pm
If your country split apart or no longer exist, you became stateless.
That is not entirely correct. For example after Czechoslovakian split into two countries, both governments started issuing passports to those who originally hold the old Czechoslovak passport, which extends to those whose parents or grandparents that held such passports. This is sometimes called citizenship by declaration. Ireland had similar approaches to wives of Irish citizens who could obtain post-nuptial citizenship by declaration before 2005, so a stateless person would in these cases become eligible for that country’s citizenship.

If you are *eligible* for a different passport by simply making a declaration (like the scenarios above), you must disclose this information to INIS. Saying that you don’t want to know will not be a valid reason. You can declare that you genuinely think you don’t have a way of obtaining a foreign passport.
Thank you. That's is a good example. However, what would happen if parents left, e.g Czechoslovakia before country split apart and their teenage children's lives elsewhere the entire life 30 years +?

meself2
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Ireland

Re: citizenship and sworn affidavit

Post by meself2 » Sun Feb 19, 2023 10:36 pm

That depends on the laws of country's successor state. In Latvia, for example, they specifically state you can gain citizenship if you left Latvia between 1940 and 1990 due to certain reasons (link), so absence in the country does not necessary disqualify you from citizenship.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

meself2
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Ireland

Re: citizenship and sworn affidavit

Post by meself2 » Sun Feb 19, 2023 11:06 pm

You also might have to take into account where you were born; a lot of countries (mostly North/South American, eg Argentina) give their citizenship if you were born on their territory.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

markid
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Ireland

Re: citizenship and sworn affidavit

Post by markid » Sun Feb 19, 2023 11:24 pm

meself2 wrote:
Sun Feb 19, 2023 11:06 pm
You also might have to take into account where you were born; a lot of countries (mostly North/South American, eg Argentina) give their citizenship if you were born on their territory.
Imagine someone left a country that no longer exists as teenager get married, have kids and family of his own and 30 years later new state would say you have born in our land and according to our rules your soul belongs to us so get your old a.. down here for the citizenship? Are you serious? The man lives in Ireland basically all life, paid taxes and pension and soon will have grand kids.... where is the logic? What about human rights article 13?

meself2
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Ireland

Re: citizenship and sworn affidavit

Post by meself2 » Sun Feb 19, 2023 11:47 pm

If I understand the situation correctly, you hold residency in Ireland, which is a completely independent process from naturalization, so even if you're eligible for another citizenship, it shouldn't make you leave Ireland. They may even just allow you to get citizenship regardless, as you've lived here long enough anyway, but who knows.

Put yourself in the shoes of an decision maker in ISD; they want to ensure you're certainly stateless, but they don't have the capacity to check each and every avenue of your options to get citizenship.

And yes, as a person, I see your point, but residency doesn't automatically mean they'll just go ahead without any checks; see, for example, this post, where person didn't act to adjust their status in time and got in trouble due to that.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

littlerr
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Joined: Wed Jul 25, 2018 1:14 pm
China

Re: citizenship and sworn affidavit

Post by littlerr » Tue Feb 21, 2023 11:49 am

I’ll go back to my Czechoslovakia example. If a person who was born in Czechoslovakia and had Czechoslovakia citizenship at the time when the country split, that person is entitled to either Czech or Slovak (or in some cases, both) citizenship. Whether that person lives somewhere else is irrelevant. That entitlement cannot be taken away.

In your case here, INIS wants to establish whether you are truly stateless. You just need to make a declaration to them. There is no requirement for you to understand the laws from your country of birth. INIS is simply asking you whether you think you have the entitlement to another citizenship.

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