found something interesting !!! if iam not wrong , reading through this what i figure out that Non eu parents of an EU citizen (which i think inclduing irish citizen too) CAN STAY on Stamp 3 here.
Correct me if i am wrong guys. Thanks
link =
http://www.inis.gov.ie/en/INIS/Pages/EU ... y%20Rights
Dependants of an EEA National
EU Treaty Rights
Irish Naturalisation and Immigration Service
Information Note
European Communities (Free Movement of Persons) Regulations 2006
This information is intended to assist applicants in their dealings with EU Treaty Rights Section.
As such it does not constitute legal advice and is intended for guidance purposes only.
Introduction
The Minister for Justice, Equality and Law Reform made the European Communities (Free Movement of Persons) Regulations 2006, (Statutory Instrument No. 226 of 2006) and the European Communities (Free Movement of Persons) Regulations 2006 (No.2) (Statutory Instrument No. 656 of 2006).
The Regulations bring into effect in Irish law European Directive 2004/38/EC on the right of citizens of the European Union and their family members to move and reside freely within the territory of the Member States.
In light of the decision of the European Court of Justice on 25 July 2008 "Metock & others", The Minister for Justice, Equality and Law Reform introduced European Communities (Free Movement of Persons) (Amendment) Regulations 2008 (Statutory Instrument No.310 of 2008) amending the above Regulations. See SI 310 of 2008 (PDF 102KB)
Notice: If you received a refusal decision between 28 April 2006 to 25 July 2008, See EU Treaty Rights, FAQ 11
What will the Regulations mean in terms of registration and residence in Ireland?
For EU Citizens - Under the Regulations an EU citizen does not need to register his/her presence in the State with the immigration authorities.
The right of residence of an EU citizen remains subject to conditions. He/she must be, either,
* engaged in economic activity (employed or self employed); or
* a person with sufficient resources and sickness insurance to ensure that they do not become a burden on the social services of the host Member State; or
* enrolled as a student or vocational trainee; or
* a family member of an EU citizen in one of the above categories.
For Family Members - A Family Member (i.e. spouse, child, dependant relative, other family member requiring the personal care of the EU citizen on health grounds, member of the household of the EU citizen, partner) who is not a national of an EU Member State must apply for a Residence Card which will confirm that he/she is a family member of an EU citizen residing in Ireland. This Residence Card can be used in place of an Irish re-entry visa, where the holder wishes to leave Ireland on a short journey and return to the State.
What other changes result from the Regulations?
Permanent Residence - EU citizens and their family members may apply, respectively, for a Permanent Residence Certificate or Permanent Residence Card after they have resided for a continuous period of 5 years in Ireland. Residence Card for Children - A particular feature of the Regulations is that non-EEA nationals of whatever age who are family members of EU citizens resident in Ireland should apply for the appropriate Card. Prior to the introduction of the Regulations, children under 16 years of age were specifically excluded from the requirement to register their presence in Ireland.
Partners of EU citizens - The Regulations allow for the facilitation of the admission of the partner of an EU citizen where they are in a durable relationship which is duly attested. The permission granted to such partners for the purposes of admission and residence in the State does not involve the recognition of such partnerships for other purposes. It will be noted from the Application Form that documentary evidence is required to establish that the partnership has existed for a reasonable duration. The Irish Naturalisation and Immigration Service (INIS) would expect that clear evidence be provided that the partnership has existed for at least 2 years prior to the application in order to issue the relevant card. In examining an application, INIS is obliged to undertake an extensive examination of the personal circumstances of such relationships.
Application Forms
Applications Forms for the relevant certificate/card are now available on this website, as follows.
* Form EU 1 - Application for a Residence Card Non-EEA family member, resident in Ireland for more than 3 months.
* Form EU 2 - Application for a Permanent Residence Certificate EU Citizen resident in Ireland for more than 5 years.
* Form EU 3 - Application for Permanant Residence Card Non-EU Family Member resident in Ireland for more than 5 years.
To apply, the applicant must complete the form in full and attach any relevant documents in original form which will be returned to the applicant as soon as ipossible.
Because original documents are required to support each application it is recommended that registered post be used. A separate Application Form must be completed by each individual, including a child.
Completed Application Forms should be sent by registered post to:-
EU Treaty Rights Section
Irish Naturalisation and Immigration Service
Department of Justice, Equality and Law Reform
13/14 Burgh Quay
Dublin 2.
If you have any questions about the forms you can use the telephone helpline or e-mail your enquiry to
eutreatyrights@justice.ie or post enquiries to the above address .
Please be advised that the processing of an application can take up to 6 months before a decision on an application may be forthcoming where it is deemed appropriate to do so and if all the necessary requirements are fulfilled.
Other features of the Regulations
* The new status of permanent residence for EU citizens and their family members after five years uninterrupted legal residence in the State is lost only in the event of more than two successive years’ absence from Ireland or in circumstances where removal procedures have been commenced against the person concerned.
* The death of the EU citizen, his/her departure from Ireland, divorce, annulment of marriage or termination of partnership will not affect the right of family members who are not nationals of a Member State to continue residing in Ireland, subject to certain conditions.
* Under the Directive, Member States have the power to expel persons from their territory. EU citizens or their family members may be expelled on grounds of public policy, public security or public health. However, before making such a decision the host Member State must assess a number of factors such as how long the individual concerned has resided on its territory, his/her age, state of health, family and economic situation, social and cultural integration into the host Member State and the extent of his/her links with the country of origin.
Irish Naturalisation and Immigration Service
Department of Justice, Equality and Law Reform
Frequently Asked Questions on this subject can be found under EU Treaty Rights FAQs
