(Thread) If you’re Irish in UK, then also *being British* can give Home Office power to deport your family. 1/14
Crucial is difference between “a British Citizen” (legal status under British Nationality Act 1981) and “identifying as Irish alone” (right under Belfast Agreement). 2/
A child born in Northern Ireland is a British Citizen (unless neither partner is “settled” in UK): British Nationality Act 1981 section 1
3/
3/
A person born as a British Citizen can only lose that citizenship by renouncing it, using the procedure under BNA ‘81 4/
A person born in Northern Ireland has right to identify as Irish only - under the Belfast Agreement.
But exercising *this* right isn’t the same as renouncing British Citizen status - that requires the person to follow the procedure under BNA’81 5/
But exercising *this* right isn’t the same as renouncing British Citizen status - that requires the person to follow the procedure under BNA’81 5/
Why does this matter? Because Irish citizens can have no *EU law right* to be joined by non-EU family in UK, if they *also have British citizenship* 6/
Under EU Court’s Shirley McCarthy judgment,* a dual British-Irish citizen who has lived whole life in UK may not fall under EU law rights to have spouse, minor children & dependent relatives live with them.
*I was Mrs M’s barrister 7/
*I was Mrs M’s barrister 7/
But a person who is *only* an Irish citizen may have those EU rights for family members. For example, if they are a worker in UK. 8/
Where an EU citizen has EU law rights to have family living with them, these are *much stronger* than UK law. EU law family rights dont require a high fee, or a minimum income - or allow refusals because of errors in forms or doubts about the relationship. 9/
This means that a person living in UK who sees themself as an Irish citizen only, may have no right to be joined by family if they are *in law* also a British citizen. 10/
That person could formally renounce their British citizenship to become “Irish citizen only”. (Though what this means for their EU law rights may not be clear.) 11/
But I’ve seen no legal argument that *identifying as Irish only* could end British citizenship status.
And IMO it shouldn’t. Citizenship is too important to be lost without a formal step. 12/
And IMO it shouldn’t. Citizenship is too important to be lost without a formal step. 12/
A different legal argument could be that rights under the Belfast Agreement make a connection to EU law so it can be relied by dual UK-IRE citz *who are also people of N Ireland* (this wasn’t raised in McCarthy) 13/
The courts decisions could set whether N Irish families can live together under EU law or are broken up / forced out of UK by UK law.
Home Office choice to appeal shows how committed Ministers are to overriding family rights - is British citizens. 14/14
Home Office choice to appeal shows how committed Ministers are to overriding family rights - is British citizens. 14/14
