can i be irish wrote:Hi GUYS
I am in a very awkward situation, i applied LTR in sept 2008 and submitted my file for naturalisation in dec 2009, after that some of my friend told me that he had some problem with his case and he went to the solicitor and he was dealt very quickly and got LTR and naturalisation approval with in six months time,
i took that solicitor contact and had an appontment he told me he will get my file sorted in 1 year or maybe 18 months hopefully. then he told me that if in want i can submit an application under sec(4) Irish born child and me and my wife can get 18 years stamp 4 untill, this law was finished in 2005 but he told me that still they can deal with application if u send them and iy will take hardly 6 months to get sorted, so it look fruitful to me and asked himto file my application, now after nearly one and half year i went to him and asked that y on LTR or Naturalisation or IBC act i havnt heard any thing
and good thing is a friend sharing house with me send LTR application same day with me and got his approval last month.
so i asked that if u submit my files should be quicker then normal people who didnot pay anyboby then he told me that in oct 2009 there was a decision made by the court that Naturalisation is no body right and no one can force the department to speed up cases he told me that this news was all in papers and now its no point to write them or contact them its all their decision when they want to make it, he told me that if i want i can write them myself and get the updates
now i am bit pissed off and scared that they might make more delays in my application as in normal they are so slow or they might fuckup my case, i really dont know what to do today i am really no where
please advice or just i should forget of everything that i submitted any files.
thanx and congratulation to guys getting their matter sorted in time
unfortunately that is the case. two cases were heard in 2009 one called (can't think of the name) Judge Clark (dealt with citizenship delay) and the other Nearing with Judge Cooke J (dealt with long term residency delay)
Before taking a case, the courts expect one to have to written to the minister to show that you would be prejudice by such a delay. this is going to be very very hard, particularily with citizenship as you can hardly say i may be forced on claiming social welfare considering the minister's 3 year rule on that. one is not on a work permit so they like most irish people have free access to employment ie work permit. the chances of someone on stamp 4 being at risk losing their residency are slim and none unless you were in trouble with the law (which would feck up ones citizenship and ltr applications anyway)
One example of prejudice for a stamp 1 holder. if they were at risk of losing their job through no fault of their own (wrongful dismissal, business going bust or employer refusing to continue employment because you require a permit) BUT you had evidence that a new job was on the line but one needed a new work permit (which may be feck all chances of getting) considering the length of time in ireland, excellent work history and family being settled (some might be citizens) and of course how long you have been waiting for a decision that migth be worth trying to seek priority. as you know, once a person on a permit ends their job the permit ceases to be effective despite time period, thus risk of not having permission to remain) make sure a lawyer deals with this. the last thing you want to do is give the minister the impression that you would be a potential "burden" to state resources.
the point with those cases; what happened was, prior to these cases, a trend occurred that many of these applications were previously successfully brought before a court. this costs the state a lot of money. the state complained because of the heavy amount of applications, lack of resources and the fact (this one is a joke) they made it crystal clear in most cases either by letter or on the net (funny enough not too long before the cases were heard) how long it would take. moreover, they were telling the courts that all cases are processed in chronological order - the fairest way. they said that some cases are complex and often, they had to await for results in other departments (eg gardai and social) for reports. there is also the principle of the separation of powers. the courts can't interfere with how day to day expenditure is relocated within the government departments. this was seen in many sad cases involving adults who required special needs education.
the courts asked, why should person b who put in an application about 4-5 months before person a get priority and "skip the queue" simply because they can afford to go to court. the courts will no longer grant orders to force the minister to make an earlier decision unless there was a serious delay like 3-5 years, even then they may only give a declaration which is kind of worthless. more important, if you bring a case, not only would one lose at he first stage of court but costs might be awarded against you - which would pretty much bugger up one's application for citizenship unless they can pay off their fees straight away.
why in gods name did he / she suggest making an application under ibc or ibc related? they specifically will refuse to consider stand alone applications unless they department were considering to deport someone.
advice, simply write to the department. inform them of when the application was sent in and received. make sure you quote your reference numbers (69 number and 68 if citizenship) quote the dates of letters from the department. simply ask for an update and likely time a decision shall be received. yes, you will get a shite answer but it will make sure that they are reminded of your case. don't worry about side effects they can't refuse simply because you are asking them for an update and to seek if they want any other documents (maybe a sugggestion to come across as helpful) if the delay is over 30 months speak to another lawyer
