Child born in Ireland

mad · Post by **mad** » Thu Oct 01, 2009 4:40 pm

Hi!

I am resident in Ireland for over 12 years. I have been working legally for all this time. I got married a few months ago and both my wife and I are NON EU. She has been living with me in ireland for the past 6 months.

My citizenship application is at an "advanced stage of processing" but we dont know when we will get it.

We just got the good news that my wife is expecting. I wonder if our child would be entitled to Irish citizenship if he/she is born here. If so can you kindly guide me to a website.

Any help in this matter is greatly appreciated.

Thanks

Ben · Post by **Ben** » Thu Oct 01, 2009 5:18 pm

Child will be an Irish citizen from birth.

CitizensInformation.ie wrote:Other foreign national parents of children born in the island of Ireland on or after 1 January 2005 must prove that they have a genuine link to Ireland. This will be evidenced by being resident legally in the island of Ireland for at least 3 out of the previous 4 years immediately before the birth of the child.

agniukas · Post by **agniukas** » Thu Oct 01, 2009 5:19 pm

Q. My child was born in Ireland after 1st January, 2005, are they an Irish citizen?
A. The Irish Nationality and Citizenship Act, 2004, which commenced on 1 January, 2005 provides that certain non-Irish nationals are required to be resident in the island of Ireland for a three year period prior to the birth of their child, for that child to be entitled to Irish citizenship. This altered the previous situation whereby a child born in the island of Ireland was automatically entitled to Irish citizenship. Information on making an application for a passport for a child born on or after 1 January, 2005 can be found on the Department of Foreign Affairs website www.foreignaffairs.gov.ie

http://www.inis.gov.ie/en/INIS/Pages/WP07000120#10

If you are resident in Ireland for 12 years (enough to be resident 3 years out of 4 prior to child's birth), your child will be Irish national if born in Ireland.

mad · Post by **mad** » Thu Oct 01, 2009 5:24 pm

Thank you agniukas. Though I am resident in Ireland for 12years but my wife is only resident for 6 months. So if any one parent is resident for more than 3 years does it mean our chld would still be entitled.

Ben · Post by **Ben** » Thu Oct 01, 2009 5:34 pm

mad wrote:So if any one parent is resident for more than 3 years does it mean our chld would still be entitled.

Yes.

mad · Post by **mad** » Thu Oct 01, 2009 6:45 pm

Thank you benifa and agniukas. I really appreciate it. Cheers. Now my other question is if my child is Irish, would it have any impact on me as well? Would we be entitled to stay in Ireland because of having an Irish child if I am already working legally in Ireland? and if I became redundant sometime in the future then would having an Irish child have an impact on my status too?

Ben · Post by **Ben** » Thu Oct 01, 2009 6:52 pm

mad wrote:Thank you benifa and agniukas. I really appreciate it. Cheers. Now my other question is if my child is Irish, would it have any impact on me as well? Would we be entitled to stay in Ireland because of having an Irish child if I am already working legally in Ireland? and if I became redundant sometime in the future then would having an Irish child have an impact on my status too?

Having an Irish citizen child does not (any longer) convey any residence rights to the non-EEA national parents.

However, potentially, non-EEA national parents of an Irish citizen child may be able to apply for citizenship on the basis of "Irish associations". This has been discussed here recently, but I don't yet know of someone who has been naturalised solely on the basis of have having an Irish citizen child.

In any case, since your naturalisation application is currently at an advanced stage of processing, it probably doesn't matter anyway. Possibly for your wife though. But in any case she will get Stamp 4 once you are naturalised, as the spouse of an Irish citizen.

agniukas · Post by **agniukas** » Thu Oct 01, 2009 8:52 pm

mad, just one question... on what basis are you resident in the state for 12 years? time spent as student or asylum seeker does not count towards that reckonable residency 3 years needed for the child to be irish... just in case...
as Benifa said, having an irish born /citizen child does not help in any way to remain in ireland.

mad · Post by **mad** » Thu Oct 01, 2009 9:58 pm

I have been working in Ireland legally as a software consultant for the past 12 years. However, our company is laying off staff and I have a very strong inkling that in the first quarter of next year I may be very well made redundant. I applied for naturalisation on this very basis in 2006. The fact that I didn't apply sooner despite eligibility is something I highly regret now but can't do anything about.

agniukas · Post by **agniukas** » Fri Oct 02, 2009 9:23 am

mad, have you applied for WCATT stamp? that would keep you safe in the country while your application for naturalisation is being finalised. you are probably aware that claiming social welfare may not be a good idea while awaiting for naturalisation.

9jeirean · Post by **9jeirean** » Fri Oct 02, 2009 11:57 am

mad wrote:I have been working in Ireland legally as a software consultant for the past 12 years. However, our company is laying off staff and I have a very strong inkling that in the first quarter of next year I may be very well made redundant. I applied for naturalisation on this very basis in 2006. The fact that I didn't apply sooner despite eligibility is something I highly regret now but can't do anything about.

Cheer up mate. There has been a wave of naturalization approvals for people who applied in 2006 lately. See here: http://www.immigrationboards.com/viewto ... start=2360

I recon yours shouldn't be too long coming. I also agree with Agniukas about applying for a WCATT. This gives you the rest of mind while you wait on your naturalization approval

mad · Post by **mad** » Sat Oct 03, 2009 12:10 am

Thank u agniukas, 9igerian, benifa and others for all your help. I shall apply for WCATT pretty soon. I have called DOJ a few times and on my last phone call they informed me that my application is at an advanced stage of processing. Does anyone of you know what do they meann by it? And how long does it take from this stage onwards? I would be grateful if you could share your opinion. Cheers.

mad · Post by **mad** » Mon Feb 01, 2010 11:48 pm

my naturalisation is still in an advanced stage of processing and we are expecting a baby in May/June. I am going to be made redundant in Ireland but I have already found a job in Northern Ireland. If I moved to Northern Ireland and my child is born there then would my child still get Irish nationality.

Darkhorse · Post by **Darkhorse** » Tue Feb 02, 2010 9:27 am

Yes, your child will still entitle to Irish citizen because he/she born in the island of Ireland which include Northen Ireland.

I will advise you not to take chance to apply for WCATT anyway which will take shorter time to apply. I don't think it will affect your citizenship application in anyway.

Why can you work in Northern Ireland which non EU passport? do you have to apply for UK work permit?

mad · Post by **mad** » Tue Feb 02, 2010 11:22 am

Ok, thank you for your reply. DO you know how long does WCAT take? I am asking this because I need the passport for getting a work permit as well.

Thanks

Darkhorse · Post by **Darkhorse** » Wed Feb 03, 2010 10:16 am

I don't know how long it takes as I never do this.
May be 2 weeks. can others help?

scrudu · Post by **scrudu** » Wed Feb 03, 2010 11:20 am

Check out stats on the 2nd tab (Residency Stamps) to see how long it took others: http://www.editgrid.com/user/scrudu/citizenship_apps

mad · Post by **mad** » Tue Feb 09, 2010 9:31 pm

Thanks Scrudu. you are a star.

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Child born in Ireland

Child born in Ireland

Urgent question Benifa, agniuska, nana any other peer

Thanks