My permanent residence application has been refused and my friend said Justice will now deport me even though my husband Charlie is British: Immigration Law and Practice, Assignment, LSOI, Ireland

Question 1

My permanent residence application has been refused and my friend said Justice will now deport me even though my husband Charlie is British and our daughter is Portuguese. They did not believe my relationship was true because we live in different places because of his job on the boat. My IRP card runs out in May 2024 and I do not know what to do if I cannot work.

Advise Anna with regard to relevant legislation about what options may be available to her and what risks there are arising to her from what she has described. Specify what documents and additional information you require in order to set out your advice

Question 2

Part (a)

Belinda contacts you as she is thinking of moving to Ireland in June. She has recently quit what she describes as a “High profile role” in New Zealand and thinks she would be happy in a small town where she has roots. Her partner, Selina, is a Canadian citizen whose daughter Aurora is a US citizen and she wants to know if they can live in Ireland with her too as they have spent a lot of time in the country already and really like it. Belinda notes that Aurora was born in Ireland.

Set out your advice to Belinda with reference to legislation, residence schemes and current guidance that you think may be appropriate and set out what if any additional information is required to advise her.

Part (b)

Mike is an Australian citizen and he calls you and explains that he relocated to Ireland almost 18 months ago to take up a Critical skills employment permit. He was supposed to work as an engineer but he had a specialist knowledge of a computer language that nobody else in the company had so worked as a developer. However he was paid slightly less as it was only a parttime role. He wants to know if he will be able to apply for his Stamp 4 or if it is better to find a new job. He has just moved in with his girlfriend Jacintha who is expecting their first baby and is concerned about supporting them.

Advise Mike with regard to his query, relevant legislation and practical considerations including what forms (if any) and documents are required to support any applications you advise.

Part (c)

Gianni is from Albania where he used to work at a charity that raises awareness about mafia activities and corruption. He fled the country after he was attacked resulting in an injury that from which he lost the full use of one of his arms. He made an application for international protection and he just received a decision refusing him international protection but granting leave to remain. He does not know if he should appeal the refusal of international protection. He has always believed he had a strong claim to protection as other people who worked for the same charity were granted refugee status in France. However, he is really tired of living in direct provision and he believes it has worsened his injury and he cannot work enough to support his partner and nephew who he wants to bring to Ireland.

Please advise Gianni of the options available to him with reference to relevant legislation and case law including relevant timeframes and what, if any implications there may be from an immigration perspective for himself and his family, dependent on which option he selects.