1

My sister and I are both eligible for British passport due to our father having been British. We live in South Africa with my mum. We would like to move to Ireland within the next 18 months, I am 16 years old. I would like to know if I can bring my mum under my treaty rights? and what do I have to do?

  • Was your father born in Britain? If not, he will be have been "British by descent", and you will not be eligible for a British passport. – Martin Bonner supports Monica Oct 1 '18 at 14:41
  • Your other problem is that in the event of a no-deal Brexit, British passport holders may not be able to move to Ireland after 29th March next year (less than six months away). – Martin Bonner supports Monica Oct 1 '18 at 14:50
  • @MartinBonner Irish citizens' status in the UK is independent of the EU. Is the same not true of British citizens' status in Ireland? – phoog Oct 1 '18 at 15:20
  • @phoog Irish citizens' status in the UK is about the UK never really having got round to accepting Irish independence. I believe the Republic of Ireland is quite happy with the idea that the UK is a separate country (except for Northen Ireland - even if they gave up the claim to NI as part of the Good Friday Agreement). It is possible that RoI will admit British citizens - but it is by no means guaranteed. – Martin Bonner supports Monica Oct 1 '18 at 15:31
  • @MartinBonner thanks for the clarification. I would also note that in your earlier comment, "born in Britain" is somewhat oversimplified; Northern Ireland, the Channel Islands, and the Isle of Man are included, and there is also the "crown service" exception. – phoog Oct 1 '18 at 15:55
1

I would like to know if I can bring my mum under my treaty rights?

On its face, EU free movement law gives no right to the non-EU parent of an EU citizen unless the parent is dependent on the child, which is highly unlikely if you are sixteen.

There are, however, court cases suggesting that if the child is a minor then refusing to grant residence to the non-EU parent is an impermissible restriction on the child's right of free movement. See, for example:

These cases, however, concern children living in their own country, not another, so they are not directly applicable to your plan. Furthermore, the conditions identified by the court that lead to a right for the parent to stay are not clear to me, nor is it clear how one would invoke this right if it does exist.

You may therefore want to speak with an Irish immigration lawyer or an immigrants' rights organization. A web search turned up a lot of support organizations for Irish immigrants in the US, but also several Irish solicitors and the Immigrant Council of Ireland.

| improve this answer | |
  • Hi Martin, my father was born in the UK – Bianca COOPER Oct 2 '18 at 9:05

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.