Eligibility Rules, Okay

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  • liamoo11
    Seasoned Pro
    • Oct 2010
    • 3115

    #7561
    Originally posted by DannyInvincible
    Legally-speaking, what's the proof Johansson has been an Irish national from birth though? As outlined in the FIFA document that geysir quoted and that I've linked to in the last post, passports are used and must be supplied by associations as evidence of nationality. In Irish law, Johansson has only been an Irish citizen since the date his birth was registered on the Foreign Births Register.
    That's the whole point and the reason this is a non issue. The term used is nationality not citensenship. We are interchanging the words as if they mean the same thing but they dont.

    Citensenship exists within the broader church of nationality. All the fifa rules ask for is evidence of nationality which in this case is his mum and grandparents and the fact that at any point in his life up to the day he died he can get an Irish passport . So he 100 per cent passes the nationality test.

    The argument that he wasn't registered as an Irish citizen and had no passport at the age of 16 when he played for Luxembourg is irrelevant to the requirement to show irish nationality as at the age of 16 he had an Irish mum and Irish grandparents. It would be different and more difficult if the rules said citensenship instead of nationality but they dont.

    Even on a practical basis why would a 16 year old have 3 passports or have gone to the bother to realise that you need to register for your citensenship in Ireland it would be totally unjust and clearly this is the reason the rule does not say citensenship.

    So all he needs to prove nationality and the lifelong entitlement in Irish law to gain citensenship and then a passport is ne of his grandparents birthcerts(let's not even bother bringing his mum into it for simplicity).

    Comment

    • liamoo11
      Seasoned Pro
      • Oct 2010
      • 3115

      #7562
      'Documentary evidence such as a confirmation issued by the relevant governmental authority or any other official document) that at the time of his first full or partial appearance in an international match in an official competion[/B]tion for the Association that the player no longer wishes to represent (England), he already had the nationality of the representative team for which he now wishes to play (Ireland).'[/QUOTE]




      This section is key. Basically fifa have made it as vague as possible on purpose yet crystal clear from our point of view.



      The fai simply need to provide a letter from the department of foreign affairs outlining the requirements for Irish nationality and subsequent citensenship and passport provision and showing how Ryan meets all these requirements and always has since birth. This will be the official document the fifa rules reference above.


      If fifa wanted this to be about citensenship and not nationality they would have used the term citensenship and simply stated that a passport was the only documentation which would be acceptable but they have clearly not done this. They have gone out of their way to avoid using citensenship and passports specifically for these situations. Its us and the Irish media who are introducing the concept of citensenship and passports not fifa. This is a simple fishing expedition by the luxemburgers

      Comment

      • SkStu
        Capped Player
        • Feb 2007
        • 14863

        #7563
        That does seem quite clear cut on the face of it. So why does it have to go through this kind of process? Is it because Luxembourg have asked for a ruling?

        Anyone know how long it might take for FIFA to issue a decision?
        I like high energy football. A little bit rock and roll. Many finishes instead of waiting for the perfect one.

        Comment

        • geysir
          Capped Player
          • Apr 2005
          • 15392

          #7564
          Originally posted by DannyInvincible
          I see those passages are from this FIFA document: https://resources.fifa.com/mm/docume...on_neutral.pdf

          The FA would have been required to submit the evidence that Robinson had played for their under-age teams in competitive fixtures. That's not the FAI's responsibility, so hardly the FAI's fault if FIFA missed that aspect of Robinson's transfer case.

          Did the FAI not simply have to provide evidence of Robinson's Irish citizenship and the date of acquisition, or are you suggesting the FAI may have omitted information regarding the date, with FIFA then possibly assuming incorrectly that Robinson was an Irish citizen from birth?

          Edit: Sorry, had skimmed through the document at first, but I now see that it would indeed have been the FAI's responsibility to first obtain the information about Robinson's caps for England from the FA and then submit the information to FIFA.
          The intro text on the FAQ pdf is a bit dodgy, so I'll let you off with that
          Yes indeed it's the FAI who have to gather all the evidence from the English FA and submit it to FIFA.

          Someone did not do their job and if you had to choose whether it was FIFA or the FAI? I don't like those odds.

          Comment

          • geysir
            Capped Player
            • Apr 2005
            • 15392

            #7565
            Originally posted by liamoo11
            The key line their is the last one " had the nationality of .." the term nationality is far broader than passport holder. Johanson has Irish nationality since he was born getting a passport is merely a formality given his mum and grandparents. Nationality is going to be argued to be broader than mere legal citensenship that's why it is in the wording and citensenship isn't. I can see no way his switch wont be granted. The key here is the use of the word nationality and not citizenship in the regulations. They are in no way the same thing
            Neither Ryan nor Callum had Irish nationality at the time they were capped at international competitive level for Lux/England. They were both entitled to apply for it due to the Irish grandparent connection but until that application is accepted by the Irish Gov dept, they are not regarded as Irish nationals.
            Both would have to have an Irish parent in order to have had automatic irish nationality

            Ryan had Swedish nationality automatically at birth by dint of his Swedish father therefore he could switch to Sweden.

            Comment

            • Olé Olé
              International Prospect
              • Sep 2011
              • 5475

              #7566
              Maybe this has been covered by Ryan's mother grew up in Ireland. Surely she had Irish nationality too? Would her qualifying through residency not have the same impact as through birth? Could be an ignorant question but I thought the two would be equal.

              Comment

              • liamoo11
                Seasoned Pro
                • Oct 2010
                • 3115

                #7567
                Originally posted by geysir
                Neither Ryan nor Callum had Irish nationality at the time they were capped at international competitive level for Lux/England. They were both entitled to apply for it due to the Irish grandparent connection but until that application is accepted by the Irish Gov dept, they are not regarded as Irish nationals.
                Both would have to have an Irish parent in order to have had automatic irish nationality

                Ryan had Swedish nationality automatically at birth by dint of his Swedish father therefore he could switch to Sweden.
                . You are confusing citensenship with nationality. Ryan did not have citensenship as the paperwork exercise of registration had not happened but he did have nationality as he has an Irish grandparent.

                The mistake here is bringing citensenship into the conversation when fifa only speak of nationality. Citensenship is just a narrow legal component of nationality . If fifa wanted citensenship and passports the laws would say citensenship and passports not nationality and proof of nationality as they do.

                Ryan automatically had Irish nationality at birth just as you say he had swedish nationality. So he could switch to either. He cant now though because he has submitted his request to switch to us so there is no going back

                Comment

                • Diggs246
                  Seasoned Pro
                  • Oct 2016
                  • 2709

                  #7568
                  Originally posted by liamoo11
                  . You are confusing citensenship with nationality. Ryan did not have citensenship as the paperwork exercise of registration had not happened but he did have nationality as he has an Irish grandparent.

                  The mistake here is bringing citensenship into the conversation when fifa only speak of nationality. Citensenship is just a narrow legal component of nationality . If fifa wanted citensenship and passports the laws would say citensenship and passports not nationality and proof of nationality as they do.

                  Ryan automatically had Irish nationality at birth just as you say he had swedish nationality. So he could switch to either. He cant now though because he has submitted his request to switch to us so there is no going back
                  Surely if his application is rejected he could then play for Sweden?

                  Comment

                  • liamoo11
                    Seasoned Pro
                    • Oct 2010
                    • 3115

                    #7569
                    Originally posted by Diggs246
                    Surely if his application is rejected he could then play for Sweden?
                    I had meant that he cant withdraw his application to switch to us and say he wants to switch to Sweden that ship has sailed. I have no idea if he could switch into Sweden if the Ireland switch was rejected (it wont be)

                    Comment

                    • geysir
                      Capped Player
                      • Apr 2005
                      • 15392

                      #7570
                      Originally posted by liamoo11
                      . You are confusing citensenship with nationality. Ryan did not have citensenship as the paperwork exercise of registration had not happened but he did have nationality as he has an Irish grandparent.

                      The mistake here is bringing citensenship into the conversation when fifa only speak of nationality. Citensenship is just a narrow legal component of nationality . If fifa wanted citensenship and passports the laws would say citensenship and passports not nationality and proof of nationality as they do.

                      Ryan automatically had Irish nationality at birth just as you say he had swedish nationality. So he could switch to either. He cant now though because he has submitted his request to switch to us so there is no going back
                      You are making up stuff, are thoroughly confused and are confusing others, please stop and go and inform yorself about nationality and citizenship.

                      'Being an Irish citizen means that you are formally recognised as a national of Ireland and a citizen of the European Union.'

                      Simply having the right to apply for citizenship due to an Irish grandparent does not automatically endow Irish nationality.
                      Ryan and Callum both had to have their foreign births registered, then apply for Irish citizenship in order to be recognised an Irish national.

                      Comment

                      • geysir
                        Capped Player
                        • Apr 2005
                        • 15392

                        #7571
                        Originally posted by Olé Olé
                        Maybe this has been covered by Ryan's mother grew up in Ireland. Surely she had Irish nationality too? Would her qualifying through residency not have the same impact as through birth? Could be an ignorant question but I thought the two would be equal.
                        Thats a good question, not ignorant at all.
                        Ryan's birth falls into the catagory of a foreign birth, one who has an irish born grandmother.
                        It does not change things that his mother lived in Ireland for some years.
                        Ryan's mother was born on foreign soil, as was Ryan.
                        Ryan has to have his foreign birth registered before applying for citizenship.

                        My children, born outside ireland were Irish citizens automatically and have activated that right, they did not have to have their foreign birth registered before say getting their Irish passport.
                        But their children, if born outside ireland, will be regarded as children with an irish born grandparent, born to Irish citizens who were born on foreign soil.
                        Their foreign birth will have to be registered before applying for citizenship which allows them to apply for a irish passport and be deemed an irish national.

                        I think Stutts had some direct experience of the nuisance value of a foreign birth, however coincidental.

                        Comment

                        • liamoo11
                          Seasoned Pro
                          • Oct 2010
                          • 3115

                          #7572
                          Originally posted by geysir
                          You are making up stuff, are thoroughly confused and are confusing others, please stop and go and inform yorself about nationality and citizenship.

                          'Being an Irish citizen means that you are formally recognised as a national of Ireland and a citizen of the European Union.'

                          Simply having the right to apply for citizenship due to an Irish grandparent does not automatically endow Irish nationality.
                          Ryan and Callum both had to have their foreign births registered, then apply for Irish citizenship in order to be recognised an Irish national.
                          I'm not sure why you would think I am making up stuff to be honest or what the aggressive attitude is all about.Im no expert on nationality but i know it's not the same as citensenship which is much narrower legal concept while nationality is a broader identity construct.

                          You keep using the word citensenship which is not used by fifa at all so why are you bringing it onto the conversation? You are giving people the impression that fifa have simply used the term nationality accidentally when they really mean citensenship yet you have not shown any justification for that.

                          Even the helpful definition you provided above for citensenship proves the point citensenship simply formalises nationality. Ryan had nationality from birth that citensenship registrar simply formalises the situation to allow him be granted his citizenship and passport as is his right(its not based on anything other than his grandparent was born in Ireland, it's not a process or a decision in any way its simply a matter of fact on e you have the Irish grandparent).

                          He does not need to apply for his nationality he has that at birth he only needs to apply for his citensenship but fifa laws ask for nationality not citensenship

                          Comment

                          • Diggs246
                            Seasoned Pro
                            • Oct 2016
                            • 2709

                            #7573
                            Yep my wife is an Irish citizen, but her nationality is korean

                            Comment

                            • tetsujin1979
                              Coach
                              • Nov 2003
                              • 23730

                              #7574
                              Let's keep this professional gentlemen.
                              All goals, yellow and red cards tweeted in real time on mastodon, BlueSky and facebook

                              Comment

                              • The Fly
                                Seasoned Pro
                                • Sep 2008
                                • 2500

                                #7575
                                Originally posted by Diggs246
                                Yep my wife is an Irish citizen, but her nationality is korean
                                Another North v South discussion is just what this thread needs.

                                Comment

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