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UK Citizen exercising EU Treaty rights in Ireland - No Deal Brexit

Forum to discuss all things Blarney | Ireland immigration

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Latintraveller
Member
Posts: 158
Joined: Fri Sep 28, 2012 4:13 am
United Kingdom

UK Citizen exercising EU Treaty rights in Ireland - No Deal Brexit

Post by Latintraveller » Thu Dec 20, 2018 10:25 am

My family and I have lived in Ireland for nearly six years. After a period of ad-hoc work I have been working as a Civil Servant for 20 months in a permanent position.

I notice as part of the no-deal Brexit there is provision for permanent residence in an EU country if resident for five years or more. This is based on Directive 2003/109/EC. Having considered this Directive it appears that Ireland was not a party to it at the time of its adoption and not subsequently.
We have a three-year-old Irish child so my wife would be covered to live in Ireland under the Zambrano ruling. I am covered under the CTA since I am British. My wife is mother to my 15-year-old step-son who lives with us.

I have been reading this document regarding Reunification in Ireland. There are provisions for Irish Citizens, EU and non-EU. Would I be categorised as Irish in the sense that the 1935 Alien's act doesn’t apply to me by virtue of being British? If I was categorised as non-EU then we may have to purchase sickness insurance and my pay (after tax) is slightly below the FIS threshold for two children which disallows family reunification (or keeping the family united in this case).
http://www.inis.gov.ie/en/INIS/Family%2 ... cument.pdf

My wife will apply for Citizenship in the next few weeks but apparently that could take 18 months or so.

I appreciate it is early days in once sense, but 29 March is soon approaching so I am wondering if Ireland will afford protection to my family, especially my step-son.

Thanks.

littlerr
Respected Guru
Posts: 2508
Joined: Wed Jul 25, 2018 1:14 pm
China

Re: UK Citizen exercising EU Treaty rights in Ireland - No Deal Brexit

Post by littlerr » Thu Dec 20, 2018 1:22 pm

I guess there is no point asking this here as nobody really knows what's going to happen. EU has said they will protect the rights of UK people living in the EU, provided that UK does the same, but how that would work in reality remains a big question mark.

max307
Senior Member
Posts: 511
Joined: Thu Sep 22, 2016 8:58 am
Mood:
Ireland

Re: UK Citizen exercising EU Treaty rights in Ireland - No Deal Brexit

Post by max307 » Thu Dec 20, 2018 2:08 pm

Latintraveller wrote:
Thu Dec 20, 2018 10:25 am
My family and I have lived in Ireland for nearly six years. After a period of ad-hoc work I have been working as a Civil Servant for 20 months in a permanent position.

I notice as part of the no-deal Brexit there is provision for permanent residence in an EU country if resident for five years or more. This is based on Directive 2003/109/EC. Having considered this Directive it appears that Ireland was not a party to it at the time of its adoption and not subsequently.
We have a three-year-old Irish child so my wife would be covered to live in Ireland under the Zambrano ruling. I am covered under the CTA since I am British. My wife is mother to my 15-year-old step-son who lives with us.

I have been reading this document regarding Reunification in Ireland. There are provisions for Irish Citizens, EU and non-EU. Would I be categorised as Irish in the sense that the 1935 Alien's act doesn’t apply to me by virtue of being British? If I was categorised as non-EU then we may have to purchase sickness insurance and my pay (after tax) is slightly below the FIS threshold for two children which disallows family reunification (or keeping the family united in this case).
http://www.inis.gov.ie/en/INIS/Family%2 ... cument.pdf

My wife will apply for Citizenship in the next few weeks but apparently that could take 18 months or so.

I appreciate it is early days in once sense, but 29 March is soon approaching so I am wondering if Ireland will afford protection to my family, especially my step-son.

Thanks.
I feel like every day we are hearing a different story regarding Brexit and the rights of UK citizens in the EU so it is impossible to give you a definitive answer, no one really knows what's going to happen once the UK leaves the EU for good.

In your case the good news is that your wife will be applying for Irish naturalisation soon so your step-son should be fine even if it takes 18 months for her to get citizenship. I assume that Ireland somehow will protect the rights of non-EU family members of UK citizens that were living here before the UK left the EU but again that's my opinion.
I am not a lawyer or immigration counselor, all views expressed are my own, my comments do not constitute legal advice.

abelekhoh
Junior Member
Posts: 81
Joined: Mon Jun 25, 2018 9:47 pm
Ireland

Re: UK Citizen exercising EU Treaty rights in Ireland - No Deal Brexit

Post by abelekhoh » Thu Dec 20, 2018 3:09 pm

Latintraveller wrote:
Thu Dec 20, 2018 10:25 am
My family and I have lived in Ireland for nearly six years. After a period of ad-hoc work I have been working as a Civil Servant for 20 months in a permanent position.

I notice as part of the no-deal Brexit there is provision for permanent residence in an EU country if resident for five years or more. This is based on Directive 2003/109/EC. Having considered this Directive it appears that Ireland was not a party to it at the time of its adoption and not subsequently.
We have a three-year-old Irish child so my wife would be covered to live in Ireland under the Zambrano ruling. I am covered under the CTA since I am British. My wife is mother to my 15-year-old step-son who lives with us.

I have been reading this document regarding Reunification in Ireland. There are provisions for Irish Citizens, EU and non-EU. Would I be categorised as Irish in the sense that the 1935 Alien's act doesn’t apply to me by virtue of being British? If I was categorised as non-EU then we may have to purchase sickness insurance and my pay (after tax) is slightly below the FIS threshold for two children which disallows family reunification (or keeping the family united in this case).
http://www.inis.gov.ie/en/INIS/Family%2 ... cument.pdf

My wife will apply for Citizenship in the next few weeks but apparently that could take 18 months or so.

I appreciate it is early days in once sense, but 29 March is soon approaching so I am wondering if Ireland will afford protection to my family, especially my step-son.

Thanks.
Hi
Citizenship application time increased?
Because if you can check on INIS site there is mention it’s take 6 months for normal time but you says it will takes 18 months now
Can you please tell me that they increase the time for citizenship
Thanks very much

Latintraveller
Member
Posts: 158
Joined: Fri Sep 28, 2012 4:13 am
United Kingdom

Re: UK Citizen exercising EU Treaty rights in Ireland - No Deal Brexit

Post by Latintraveller » Thu Dec 20, 2018 3:57 pm

I heard that the time now is 18 months.
I know they are working flat out and most applications and decisions take longer than they should.

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