changing status to zambrano

[zaza7625]

Hi.
I want to change my status from EU wife to zambrano because my wife doesn't have a stable job.
I was in immigration and naturalization office in dublin yesterday.
They told me that I have to inform EU treaty rights section for changing my status to zambrano.
There is FAQ section in INIS site where I read that if voluntarily left the state, person will not be qualified by zambrano. (if the person is still outside of ireland and wants to return back, as far as I understood). I left the state before and returned and granted temp GNIB card.
I sent them mail and got answer today that I have to inform them in writing if I want to change status.
My question is:
What do you advise me to do, continue on eu treaty rights even when my wife doesn't have a job ( she is on jobseeker's allowance), or write to repatriation section about changing my status to zambrano?
At the end of my temporary stamp4 GNIB card, would I receive 5 years EU4FAM card ,or they require another payslips and letter from employer from my wife?

Thanks in advance

[agniukas]

For information on EU Treaty Rights renewal check their website
http://www.inis.gov.ie/en/INIS/Pages/EU ... y%20Rights
You will have to submit an application form with all the original documents in relation to the residence for both of you and your wife's exercise of EU Treaty Rights.

[Brigid from Ireland]

My opinion is that you should try to change to Zambrano. If this is refused you can appeal. The reason for this opinion is that the Zambrano right is stronger. I think you will get the Zambrano, but you may need to provide evidence of your relationship with your child since your return to Ireland. So if you are working you point out that the child needs you to work to earn money to support the child. If you are not working you should be seen to spend time with the child, taking the child to school or to the local park/church/library.. The idea is to show that the child spends a lot of time with you and is therefore emotionally (and/or financially) dependent on you. (This is why people who apply for Zambrano from outside Ireland don't get it, they can't show that the child is currently benefitting from their company/care.)

Is there a difficulty with informing the EU treaty rights section that you want to change to Zambrano? I presume that they cannot remove your EU treaty rights entitlement until you get the Zambrano?

It would be unwise to leave Ireland for any period of time when a decision on this matter is pending, if you do try to change to Zambrano.

[zaza7625]

My opinion is that you should try to change to Zambrano. If this is refused you can appeal. The reason for this opinion is that the Zambrano right is stronger. I think you will get the Zambrano, but you may need to provide evidence of your relationship with your child since your return to Ireland. So if you are working you point out that the child needs you to work to earn money to support the child. If you are not working you should be seen to spend time with the child, taking the child to school or to the local park/church/library.. The idea is to show that the child spends a lot of time with you and is therefore emotionally (and/or financially) dependent on you. (This is why people who apply for Zambrano from outside Ireland don't get it, they can't show that the child is currently benefitting from their company/care.)

Is there a difficulty with informing the EU treaty rights section that you want to change to Zambrano? I presume that they cannot remove your EU treaty rights entitlement until you get the Zambrano?

It would be unwise to leave Ireland for any period of time when a decision on this matter is pending, if you do try to change to Zambrano.

Thank you for reply.

Certainly I am not going to leave country until I get zambrano .
I just want to know how to inform them about changing my status to zambrano? simply write down a letter and just send them, or there is any other option to do that?
As for taking part in my child's life, yes I bring him every time to school, I attend course where we are being taught how to facilitate english for our children to be learnt and etc, but how can I prove that I am doing this?
I have a letter that confirms that my child goes to school and I can get a document where would be the confirmation that I attend course due to my child.

Thanks again

[zaza7625]

Hi I didn't understant in which manner I have to write them to change my status to zambrano? just send them letter or mail?

Thanks

[Brigid from Ireland]

I think the simplest thing is to send an e-mail, with a copy of your child's Irish passport and a letter from the school saying the child attends school here. If they need anything else they will write to you to ask for it. Explain in your letter that the child has always been in your care and custody since birth and that you wish to change to Zambrano as you feel it is better for the child. Explain that the child is old enough to understand that if you are on a Zambrano visa then this means you have permission to stay until he is 18 and the child wants this very much. (The Zambrano right belongs to the child, not to the parent).

The very good news is that if your wife is getting jobseekers allowance your whole family (husband wife and kids) have been designated 'habitually resident' by social welfare. That will help you get Zambrano, strange as it may sound, as it is an acceptance that you intend to remain in Ireland long term.

[agniukas]

Zambrano applications are processed by repatriation section. they do not deal with emails, so you may have to submit your application in writing to them... and if you have an ongoing application for EUTR, chances are that all the correspondence will be sent to EUTR even if you address it for zambrano....

[zaza7625]

Thanks for reply

As far as I understood If my status would change to zambrano,I would be able to stay in ireland until the child reaches 18 years.
So, until the age of 18 I can get an Irish citizenship due to my child(he is only 6 years). Is that right or not?
someone told me that a good solicitor could help me gaining irish citizenshio sooner than usual (like in 2 or 3 years).
Does anyone know about that or heard the story like that?

Thanks again

[agniukas]

For citizenship, you need 5 years of residence before applying.
The only exception is if your spouse is an irish citizen. the fact that your children are irish does not allow you to apply before completing 5 years of residence.

[zaza7625]

Hi
I have just sent a usual letter to immigration and naturalization (repatriation devision) office in writing, without any documents. just interesting what kind of docs I have to submit.
I will be waiting the response from them.

[Brigid from Ireland]

Zambrano is the right to remain in Ireland legally and work legally, to look after your citizen child. It is not the same as citizenship, and you do not have the same rights as a citizen when you are on a Zambrano visa. In particular, any absence from Ireland, particularly a long absence, means that you can be refused the right to return to Ireland. Zambrano is the right to stay with your child in Ireland, it is not the right to return to your child if you leave.

If you get a Zambrano visa, then 5 years later you can apply for citizenship. The time you have spent on a visa as the spouse of an EU migrant worker is also counted as legal residence, so you can apply when the combined total of EU worker spouse and Zambrano is 5 years.

The only faster route is if your spouse is an Irish citizen, then you can apply for citizenship after three years of residence in Ireland.

Solicitors cannot change the above laws.

[netqueen]

So

I have a question to ask and I hope a someone will be kind enough to answer.
If a mother happens to be given a derivative right based on Zambrano application, hence have five years derivative right residence card issued in Britain can that parent relocate to Ireland work in Ireland with the derivative right given from Britain and therefore obtain Irish citizen as a result of that ? is that possible ? if only the parent lives in Ireland without the child will continuous five years living and working in Ireland with a derivative residence permit issued in Britain lead to that person(parent) being given an Irish citizen.

[Cecil]

does anyone really know how long it takes to get the residency permit applied for on the basis of Zambrano judgement? I have applied, no acknowledgment was given as per receipt of my application. I have sent two more letters requesting acknowledgment, yet no response.

I also want to know if there is a phone number i can call or email address i can use to contact them and at the same time track my application.

[appealalready]

https://www.gov.uk/government/publicati ... 11-to-2013


This table below shows the number of Zambrano applications, broken down by case-type, received from 1 March 2011 to 30 September 2013 (which is the latest date for which figures are available).

The case-types are split by case outcomes, including cases refused and cases granted. Cases which are still are still awaiting a decision come under the ‘pending’ category.

Figures have been rounded to the nearest 5 (- = 0, * = 1 or 2) and may not sum to the totals shown because of independent rounding.

Case-type Granted Refused Rejected Other Pending Total
EEA Zambrano 95 1170 1725 105 780 3875
EEA - Zambrano - Direct Family Member 20 185 40 45 570 860
EEA - Zambrano - Extended Family Member - 15 5 10 95 125
EEA - Zambrano - Spouse/Civil Partner - 5 * 5 25 35
TOTAL 115 1375 1770 165 1470 4895
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