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After a long day in court fighting a losing battle and with plenty of work still to do before Christmas, Free Movement is signing off until well into the New Year.

I’m knackered and need a break.

A number of fellow immigration lawyers have commented that it is always busy around Christmas. The Immigration Service does seem to have a tendency to schedule removals for public holidays, when pesky lawyers will be less able to intervene to safeguard people’s rights.

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Free Movement

The Free Movement blog was founded in 2007 by Colin Yeo, a barrister at Garden Court Chambers specialising in immigration law. The blog provides updates and commentary on immigration and asylum law by a variety of authors.


10 Responses

  1. Our campaign (Stop the deportation of Guy Njike http://stopdeportationofguy.wordpress.com/)loves this blog. The information you provide is very useful and we would not know how to find out about a few things otherwise.

    Thanks so much for blogging. We hope you have a very well deserved break and are looking forward to read more in 2009.

  2. Hi all.

    Happy 2009 !

    I see very few new posts, so let me type something of interest today during this quiet time.

    During Metock discussions, involving EEA 2006 regulations in UK and its counterparts in other EU countries, Eire citizenship law came up. As most of us mainly know UK citizenship law, I thought it may be helpful to list the major differences between the two. Please note that the current Irish legislation applies from 1/1/2005.

    1. Extra-territorial – Eire nationality law covers Northern Ireland, part of the UK.
    2. UK citizens preference – Eire includes extra sections for people with British parent/s.
    3. “Third Way” – A New Labour quote, but BNA says you either are British from birth or you naturalise. Eire has an “Entitlement to” third way discussed in detail below.
    4. Illegitimacy – the BNA 1981 was criticised in the 1980’s for being prejudicial towards illegitimate children. Final rectification came in the NAIA2002 enacted from July 2006. Eire law has no such prejudice/distinction.
    5. Statelessness provision – Irish Nationality would be automatic from birth if statelessness would otherwise have resulted. Under the BNA you have to wait 5 years before registering as British through the statelessness provision.

    “Entitlement to” Irish citizenship is about avoiding dual nationality problems. Automatic Irish citizenship from birth is very tight. Basically, if born in Ireland, both parents Irish(Only) or if statelessness would have otherwise resulted. If only one of the parents is Irish, or indeed British, then this “Entitlement to” section kicks in.
    In nature Automatic, but not in name nor from birth, citizenship starts from application for an Irish passport. There are no other pre-requisites or formalities, so as long as the person was born on the island to at least one parent who is either Irish or British or has Irish residency, then that is practically it, and the passport issued (except for some criminal activity checks by their passport office, in future).

    In UK “Jus Soli” ended on 1/1/1983, but in Eire it didn’t end until 1/1/2005. It would be an interesting post to list which countries still have this principal in their Citizenship laws eg.USA. DP – do you have one of your special links?