Zambrano and indecision

[Mithu12345]

Hello everyone,
I have got my eufm stamp4 base on married since from may 2013,which is expiring may 2018.i am non-eu resident in ireland.we had some problem last Year, which was too much then she(eu) left my house(march 2016).at this moment she is in her country.
on the other side, i have got baby with my new partner and my child also got Irish passport last week base on my stamp4(3 year+).my present partner is undocumented.

So my questions is,
Can i apply Zambrano for my present partner? If yes,then what actual thing going to happen on my stamp 4?as i didn't tell to immigration yet that my eu wife and me are not staying together since from last year(march).
I am badly stuck in this situation.please help me out with your advise.

Thanks in advance.

[mayflower805]

Yes you can apply for your new partner under Irish parentage law. But in the middle of the processing of her application she'll be asked about the relationship history with you and your relationship with ur eu spouse . If they somehow come to know that your eu spouse isn't with you anymore and it might led to raise question on ur stamp 4 . You should contact a good immigration solicitor and get legal advice . Hope it helps.

[Casa]

Also be aware that your child may have their Irish citizenship revoked once the authorities become aware that your stamp4(3 year+) is no longer valid and you have held no valid leave since your EEA sponsor returned to her home country.

"Under the Irish Nationality and Citizenship Acts, if a child is born in Ireland after January 2005, (s)he would be entitled to become a citizen if, at the time of his/her birth:

a parent of the child is an Irish citizen (by birth or by naturalisation), or
a parent of the child had three years of legal (or “reckonable”) residency in the State when the child was born, or
the child was born in Ireland and is stateless, ie where it is impossible for the child to become a citizen of the country of birth of either of his or her parents."

[mayflower805]

Also be aware that your child may have their Irish citizenship revoked once the authorities become aware that your stamp4(3 year+) is no longer valid and you have held no valid leave since your EEA sponsor returned to her home country.

"Under the Irish Nationality and Citizenship Acts, if a child is born in Ireland after January 2005, (s)he would be entitled to become a citizen if, at the time of his/her birth:

a parent of the child is an Irish citizen (by birth or by naturalisation), or
a parent of the child had three years of legal (or “reckonable”) residency in the State when the child was born, or
the child was born in Ireland and is stateless, ie where it is impossible for the child to become a citizen of the country of birth of either of his or her parents."

Exactly that is what I was told by my solicitor. They may revoke child's Irish citizenship if they come to know at the time of ur child's birth you weren't entitled to ur stamp 4 as your eu spouse wasn't excercising her rights in the state.

[Mithu12345]

What could be best to do in this situation? Should i submit my file to immigration for my partner or go for divorce with my eu wife and then will for submitting my file..

[mayflower805]

I would suggest you should seek advice from a solicitor. The Irish parentage application is currently taking longer . Two of friends applied more than 1 year and got no result yet . So it's better to be prepare the application properly .

[Mithu12345]

I did hear from few people that if child got passport by born,they normally never cancel that.is that true???

[Casa]

I did hear from few people that if child got passport by born,they normally never cancel that.is that true???

No it's not. It can be revoked if it's found that the child had no entitlement to Irish citizenship.

[Mithu12345]

So base on all conversation its sound like this case have no solution.am i correct???

[Casa]

If there is, I'm not able to suggest one. You need to seek professional legal advice on your next step.

[Mithu12345]

Hi everyone
I have a question regarding my previous post...
I went to solicitor last week for my case.he offered me to withdraw my eufam stamp4 and submit zambrano for me and my present partner at the same time base on my irish citizen child.he said that to me, that actually best way to get out from this circumstance.

So i need you guys help again,please let me know how safe it to do so.

[pukon_check]

Yes that exactly what happened to my mates..
Same situation as yours..
It's take bit long but it will come through eventually..
Only the difference was he got naturalisation and his wife got zambarno..
I think ur solicitor suggestion is better..

[amwaraich]

Hi everyone
I have a question regarding my previous post...
I went to solicitor last week for my case.he offered me to withdraw my eufam stamp4 and submit zambrano for me and my present partner at the same time base on my irish citizen child.he said that to me, that actually best way to get out from this circumstance.

So i need you guys help again,please let me know how safe it to do so.

Would you mind to share the exact dates as follows?
Date of marriage with EU.
Date of first Stamp 4 EU fam issued.
Birth date of relevant child.
Date when EU spouse left Ireland.

Thx