Going back to Ireland

[goingbacktoireland]

We are Non-EU nationals and our daughter is Irish. Three years ago we left Ireland and nine months ago I got family resident card in Austria on the basis of my daughter's being an EU child citizen,so we are leaglly resident in Austria as family members of an EU national. Now we want to go back to Ireland ,because I want my daughter to live in Ireland as an Irish citizen. Does anybody think it is possible for us to go back to Ireland and get some kind of residency in Ireland?

[archigabe]

Your entitlements will depend on the birth year of your child, OR you could try through E.U law under the provision of Surinder Singh case. Whether the Irish government will accept the definition of your being 'dependants' of your E.U citizen child is open to interpretation.

If you're the parent of an Irish Citizen child and he/she was born before Jan2005, you can apply for residency in ireland under certain conditions.
Some information here...
http://www.inis.gov.ie/en/INIS/Pages/WP07000030
http://www.immigrantcouncil.ie/highcourtdecision06.pdf
http://www.immigrantcouncil.ie/cadicinfo.doc
http://www.immigrantcouncil.ie/IBCrenewal.pdf

[Directive/2004/38/EC]

The Chen case is an ECJ judgement that applies to all member states in the EU including Ireland. See http://eumovement.wordpress.com/2007/02/09/chen-case/

Note that you must have the resources to support yourself. You are not necessarily allowed to work.

[goingbacktoireland]

But we are allowed to work in Austria as the parents of an Irish citizen. We really want to know how we can go back to Ireland. Do we need visa for Ireland or just go to Ireland with Austrian resident card?

[Directive/2004/38/EC]

But we are allowed to work in Austria as the parents of an Irish citizen. We really want to know how we can go back to Ireland. Do we need visa for Ireland or just go to Ireland with Austrian resident card?

Do you want to visit for a week in Ireland and then return to Austria?

[archigabe]

But we are allowed to work in Austria as the parents of an Irish citizen. We really want to know how we can go back to Ireland. Do we need visa for Ireland or just go to Ireland with Austrian resident card?

If you are from a visa required nation, you need a visa.Where are you from?

[goingbacktoireland]

We are from Taiwan and we are visa national. If we want to visit Ireland for weekend ,what we need to get a visa ?If we can only get a visit visa for Ireland ,how can we set up residence in Ireland?

[archigabe]

You will need to apply for a visa as 'dependents of E.U national' if you want to immigrate.

[goingbacktoireland]

But we are going to Ireland not the other EU countries,does EU laws apply to us?

[brownbonno]

But we are going to Ireland not the other EU countries,does EU laws apply to us?

The Irish may treat your case under the national immigration rule.It might be difficult going through Surinder Singh Route since the EU national is only a minor.

[Directive/2004/38/EC]

goingbacktoireland,

I understand that you intend to return to Austria as soon as your quick visit to Ireland is finished. Please confirm that you are only interested in a quick tourist visa to visit Ireland.

If this is the case, I can help.

[goingbacktoireland]

If I am just interested in a quick tourist visa to visit Ireland and intend to return to Austria as soon as our quick visit to Ireland is finished, how can we get a visa to Ireland?what documents do we need for it?

[Directive/2004/38/EC]

I would suggest you also submit your question to the EU's free legal advise service http://ec.europa.eu/citizensrights/

You will be travelling with your EU citizen daughter, so your application for a visa can be very simple (though it may be time consuming if you want them to follow the law). Your daughter has the right of free movement in the EU, as do you when you travel with her.

The following information is based on a successful visa application made to the Irish embassy in London. The minor child was a UK citizen and the parent was a Colombian citizen. Because your Irish daughter has been exercising her rights to live in Austria, the same conditions hold true in your case.

Everyone travelling requires a passport. You must also submit your daughter's birth certificate to prove your relationship with her. Photos. Application form (A number of questions can be left blank though the embassy will not like it).

They will likely ask for bank statements, and a letter from your employer. They will also ask for confirmed reservations in Ireland for specific dates or the name of an Irish reference, as well as flight tickets. You do not have to provide any of this information if you do not want to.

The visa was issued in London without providing any of this information. You can tell the embassy very clearly that none of this is required for the issue of the visa under EU law [specifically Directive 2004/38/EC as transposed into Irish legislation S.I. No. 656 of 2006 — European Communities (Free Movement of Persons) (No. 2) Regulations 2006]

If you don't provide the extra information they "require", you will likely have to push them and complain to Solvit, but in the end they will still issue the visa.

Each of the visas issued should be done at no cost. If they ask for any money you should refuse and immediately contact Solvit.

The service you get from the Irish embassy may be very good, or they may be both very rude and quite ignorant of Irish law. In the end they must issue the visa to you, for free and without you providing any other information than proof of your relationship to the child.