To be married

[Sho]

I am getting marrid to Irish citizen soon. Currently we both live in Canada(both immigrant), we have no clue of what we can do due to my application for permanent residency or citizenship to EU. Since I can not have dual citizenship from my birth country, this is very important information for my future. Is there a website where I can collect information?

At this moment, we are not planning to stay in Europe.

Thanking you in advance

Sho

[John]

Sho, the EU as such does not grant "permanent residency" or indeed "citizenship to EU". The individual countries that make up the EU do those things, and there is then a knock-on effect as regards EU community rights.

So to which country of the EU are you thinking to moving to?

Also you say "At this moment, we are not planning to stay in Europe.", and on that basis you will not get either permanent residency or citizenship. So is there a long-term plan?

By the way, which country issued your passport?

[Sho]

I've met someone who is south-african citizen married to Irish citizen. They live in UK, after 5 years into their marrige, he received a Irish passport..... So, I am hoping to find out that even though we do not live in Ireland, is there a way to become Irish citizen in long-term?

by the way, I'm Japanese. I could become a Canadian in near future, but at that time I have to give up my citizenship of Japan. Thus, if I could get dual citizenship, later on in our life, we can easily move to Europe, it would give us more option. It is difficult to decide to give up on my own citizenship so I'd like to know my options well ahead.

Thanks very much for your help

Sho

[John]

Sho, once you are married to an Irish citizen then if the two of you decide to live in say the UK you would be entitled to an EEA Family Permit .... whatever nationality you have .... either Japanese or Canadian would not make any difference to that right.

That is, an Irish citizen has community rights to live and work anywhere in the EEA. Once you are married to that person you will also have the same rights. You just need an EEA Family Permit in your passport in order to prove it.

The only exception may be Ireland which might insist that you get a spouse visa. Any other EEA Country would need to abide by your community rights.

Getting nationality of Ireland or another EEA country? That would depend upon Irish law or the law of the country you actually settle in.

[Sho]

Thanks - I'll look into the Irish law aspect of it.

sho

[Kayalami]

I've met someone who is south-african citizen married to Irish citizen. They live in UK, after 5 years into their marrige, he received a Irish passport..... So, I am hoping to find out that even though we do not live in Ireland, is there a way to become Irish citizen in long-term?

Irish Nationality Laws used to allow the grant of Irish Citizenship to the spouse of an Irish Citizen where the marriage had lasted for a minimum of 3 years irrespective of where the couple resided. This was refered to as post nuptial declaration of Irish Citizenship. This was repealed I believe 2 or 3 years ago - the acquisition of Irish Citizenship by virtue of being the spouse of an Irish Citizen now requires a period of physical residence in Ireland. This if I recall correctly is 3 years.

by the way, I'm Japanese. I could become a Canadian in near future, but at that time I have to give up my citizenship of Japan. Thus, if I could get dual citizenship, later on in our life, we can easily move to Europe, it would give us more option. It is difficult to decide to give up on my own citizenship so I'd like to know my options well ahead.

Note you cannot be a permanent resident of multiple countries indefinitley...expect to loose one or more since they each have physical residence requirements hence best to apply for citizenship as applicable. When are you eligible to apply for Canadian Citizenship? The process can take anywhere between 15-20 months or more if a Citizenship judge wants to see you.

[Sho]

My fiance will be a (Canadian) citizen soon. I heard that as long as you(permanent resident) who'll be accompaned with your spouse(canadian citizen) will be allowed to stay abroad longer than it is permitted to Permanent resident. (2 years at least out of 5 years is required for permanent residence)

So, if I want to move to Ireland to apply for a citizenship, I guess I still need to wait untill we are married for 3 years in order to be eligible...?? Or is it my physical status of living in Ireland for 3 years? I will be able to stay for the duration of time if that is necessary.

I'm a bit confused with the irish website, since there are changes in law they confused me a lot even my fiance....

Thanks in advance for the clarification - sho

[John]

Sho, do you need to stand back from this and ask yourself ..... "what benefit would it give me if I became an Irish Citizen?"

I think the answer is .... very little additional benefit compared with the rights you would be entitled to anyway ... the right to have an EEA Family Permit .. and thus the ability to live and work anywhere in the EEA.

Blunt question .... what additional rights do you think that having Irish Citizenship will give you?

[Sho]

Well, it is true that there will be very little exception on top of the Canadian citizenship. Unfortunately, it is a big deal for me to learn and understand of my option before I give up my citizenship of Japan. I am just looking into the detailed options.

If you choose to lose your identity from your birth country where it is one of the most difficult citizenship to reposess again, why not gain something else? Japanese citizenship allow me to travel almost anywhere I want - even the US, I never had a problem. Since Canada is multi-cultural country, it is often stopped and questioned at the boarder. At least, I may not be questioned traveling through Europe by having a citizenship of Ireland. So, why not?

Anyway, we are getting married in April, there are nothing I can do at the moment. Simply wanted to gather some information regarding to this matter for the future. Actually I may never lose my citizenship for the children - they should have a right to choose their own citizenship.

Hope I filled your question - John

[Kayalami]

My fiance will be a (Canadian) citizen soon. I heard that as long as you(permanent resident) who'll be accompaned with your spouse(canadian citizen) will be allowed to stay abroad longer than it is permitted to Permanent resident. (2 years at least out of 5 years is required for permanent residence)

Has he passed his citizenship exam and is now awaiting an oath ceremony or is he yet to take the test? Where are you located in Canada? By the way the 'fiance' class was eliminated under the new Immigration Act so such status has no semblence in law. However common in law partners (holding PR status) of a Canadian Citizen while accompanying said citizen outside Canada are deemed to be maintaining residence status - your clock counter for citizenship stops though.

So, if I want to move to Ireland to apply for a citizenship, I guess I still need to wait untill we are married for 3 years in order to be eligible...?? Or is it my physical status of living in Ireland for 3 years? I will be able to stay for the duration of time if that is necessary

.
You need to live in Ireland for 3 years as the spouse of an Irish Citizen i.e both conditions must be met.

If you choose to lose your identity from your birth country where it is one of the most difficult citizenship to reposess again, why not gain something else? Japanese citizenship allow me to travel almost anywhere I want - even the US, I never had a problem. Since Canada is multi-cultural country, it is often stopped and questioned at the boarder. At least, I may not be questioned traveling through Europe by having a citizenship of Ireland. So, why not?

I respectfully disagree with your statement as to Canada's multi-culturism being a hindrance to travel/entry into the US for Canadian citizens. Canadians are exempted from both passport and visa requirements under a distinct section of the US Immigration and Nationality Act - exceptions for immigrant visas and non immigrant visas in the family/ investor class. Consequently they are rarely issued an arrival/departure form I-94. They can work in the US under NAFTA if they meet the relevant criteria. Japan is merely on the VWP scheme - you always get finger printed and photographed upon entry unless on diplomatic status. Canadians don't uness selected under a distinct registration programme and then only if appropriate intelligence concerns arise. Canadians receive preferential treatment for entry into the US as the two countries have historically shared pertinent information e.g. criminal records.

I agree that holding an Irish passport will make travel through the EU easier. However you are still open to questioning by immigration and/or customs officer.

Anyway, we are getting married in April, there are nothing I can do at the moment. Simply wanted to gather some information regarding to this matter for the future. Actually I may never lose my citizenship for the children - they should have a right to choose their own citizenship.

It may be that your children if Japanese may be required to decide whether to retain such at the relevant age of majority.