
Originally Posted by
angelcity
It has now been discovered that, politically and economically the department of justice have now discovered that majority of failled asylum seekers and student that have overstayed their student visa are now engaging in a sham marriages to stay in ireland given this anticident isn't it time for the department of justice to conduct investigation to rid all this clandestine immigration scumbags ?
no offence but you must have been living in a cave for the past 2 years in relation to this particular matter,
the governing legislation is Directive 2004/38EC, ireland transposed it into domestic law under Regulation (free movement of persons) (no2) regulations 2006.
in effort to prevent sham marriages regulation 3.2 of the irish version required non eu spouse to provide evidence of legal residence in another eu state prior to coming to ireland ie he or she would need to either have married eu citizen in their country and legally resided there for a while before moving over here, or just have legally resided in another state.
this case caused huge problems,. case known as Kumar was brought to challenge this in the High Court in Summer of 2007, they lost, court favoured state. appealled to supreme court
in the meantime since, july 2008 four irish cases were referred to europe and the ecj ruled that regualtion 3.2 is illegal. so yes as of now, illegals pretty much have a free reign. although i would imagine that state ask for plenty of details to be happy that the relationship prior to marriage and marriage itself are legit. eg letters from Private tenancy board and landlord, bank details etc
so its back to the drawing boards, be interesting to see how busy (or not) the family law courts will be in 2-5 years.
food for thought, the new immigration bill will require non nationals to also apply to the minister for permission to marry in ireland 3 months before marriage. failure equals invalid marriage. it clearly excludes marriage of asylum seekers (no not refugees) and illegals. instersting to see if it violates eu law and the constitution
with regard to "majority" are engaging, i think that is way too much generalising, some marriages/relationships are genuine, kids and all.