natrulized irish, non eu mother.

[atahboub]

hello,

i would like to know what are the permission and possibilities to get my

mother who is non eu, to live with me in Ireland. iam irish by naturalization,

is there any scheme or something she could use, in which she could claim

irish citizenship , or if its even possible?

thanks a lot

/ayman

[fatty patty]

hello,

i would like to know what are the permission and possibilities to get my

mother who is non eu, to live with me in Ireland. iam irish by naturalization,

is there any scheme or something she could use, in which she could claim

irish citizenship , or if its even possible?

thanks a lot

/ayman

Hi Ayman. I dont think there is any such visa category or law available where you can get your non-eu mum Irish citizenship (even if you are a born Irish citizen). Only spouse of Irish citizens can join their spouses. If your parents are dependent on you, meaning you send them home money and they rely on you then you can apply for a dependent visa but its only at discretion of minister like alot of things here in Ireland are. (pretty soon an immigrant needing to go to tiolet will require minister's discretion in Ireland )

If you would've been living in any other EU country you can simply exercise your treaty rights and get your dependents in easily, but dependence is a condition.

Ref:

http://irelandsreversediscrimination.wo ... 0/02/20/1/

This one refers to EU citizens only (not Irish)
http://www.inis.gov.ie/en/INIS/Pages/Fa ... EU_Citizen

[atahboub]

hiya Fatty,
thanks a lot for the prompt response, really very much appreciated, and yes i agree with you regarding "need permission to go the toilet "..

sound, then i presume the other way she could, is by let say getting her into some work, there are plans of starting a possible business in Ireland, but to your knowledge are their any age requirements or restrictions?

let say a family type business was to start,,, i suppose that could work?

/ayman

[fatty patty]

hiya Fatty,
thanks a lot for the prompt response, really very much appreciated, and yes i agree with you regarding "need permission to go the toilet "..

sound, then i presume the other way she could, is by let say getting her into some work, there are plans of starting a possible business in Ireland, but to your knowledge are their any age requirements or restrictions?

let say a family type business was to start,,, i suppose that could work?

/ayman

If you are starting business that means she would need to get a work permit to work for you which right now are literally shut! it also requires documentation to prove for e.g. if you are opening up IT business you need to show IT skills/qualification etc of the candidate to convince department of trade to issue work visa and why there is no one here in Ireland available to do this job for you plus the category of job should not be listed as banned category under work permit guidelines. You just cant simply say to department of trade that this person is my family member and he/she will work for me, unfortunately it wont work this way.

work permit (any salary but certain jobs)
http://www.deti.ie/publications/labour/ ... ay2010.pdf

green card permit (30k+ p/a salary certain jobs) (over 60k p/a salary any job)
http://www.deti.ie/publications/labour/ ... ug2010.pdf

[Nehro]

Hi there. There is also another way if you are prepared to change your current work. This is simply to work north of the border (Northern Ireland). After acquiring National Insurance number, a NI address, and regular job there, you then can arrange for a TOURIST (General Visitor) UK visa for your mum to come to NI. Once she arrives, you need to submit an EEA2 application Form for Residence Card for your mum. The decision may take a year or longer but your mum will be a legal immigrant in NI so long as the application is being processed. Once the resident card is issued it will be valid for 5 years in both the UK and Ireland. After 5 years of residency (officially in NI but you both can always cross the border), your mum may qualify for a British (not Irish) passport. This route is based on you are being an EU citizen (Irish) exercising your treaty rights in the UK (NI). Good luck to you
Nehro

[Monifé]

your mum may qualify for a British (not Irish) passport. This route is based on you are being an EU citizen (Irish) exercising your treaty rights in the UK (NI)

This would be based on both of you living and working in Northern Ireland for the 5 years.

Also, you could spend 6months-1year in NI and then return to Ireland with your mum using the Surinder-Singh route. You would then apply for EU1 in Ireland for your mum.

[Directive/2004/38/EC]

Has your mother lived with your recently? Is she dependent on you?

[MER0p9g8HRH43o]

I’m in a similar situation. Here you are with my case.

I'm a naturalised Irish citizen. My parents are non-EEA nationals currently visiting me in Ireland. Their 90-day permission on this visit expires in mid November.

I would like to apply for their residence here in Ireland, in other words for them to stay legally with me here. My parents are in their sixties and pensioners in their home country.

I couldn't find any transparent doc in relation to the process. The closest thing I found was EU treaty rights, in which the forms recognise / include parents as 'Family Members'.

Well, considering Irish nationality as an EU nationality subset, I wrote to the EU Treaty Rights section of Department of Justice. In response they said as I'm an Irish citizen I should contact General Immigration Section.

I wrote to the above section and enclosed copy of my Irish passport, my parents’ passports and their Irish visa and the entry stamp for their current visit. In response I received an acknowledgement of receipt of the correspondence. I may add that there is no reference number issues, although the letter template has a place for reference numbers. Moreover this brief letter says that they deal with applications in chronological order.


Now I'd like to know:

1- Is there any hope for my parents to be given a new stamp and possibly GNIB card while they are still here ie in the next 40 days?

2- Can they over-stay their current visa on the basis of the above acknowledgement of receipt of the correspondence?

3- If they can’t over stay and/or if there is no compelling case here, so what are the options if any?

4- If there is no well defined transparent process and/or options, do you recommend engaging a solicitor for the case?

I appreciate your expert input here.

Many thanks.
HP

[agniukas]

sorry to tell you bad news... but if your parents are here on c visit visa, they must leave the state at the end of the visit. c visit visa cannot be extended. and there is no legislation in ireland in relation to non-EEA parents of irish (naturalised or otherwise), therefore, no residency entitlement.

[Directive/2004/38/EC]

HibernoPars,

You have EU rights in Ireland only if: (1) you are a non-Irish Eu citizen or (2) you have gone to work in another EU country for some time (typically 6+ months) and then have come back to Ireland.

[fatty patty]

I’m in a similar situation. Here you are with my case.

I'm a naturalised Irish citizen. My parents are non-EEA nationals currently visiting me in Ireland. Their 90-day permission on this visit expires in mid November.

I would like to apply for their residence here in Ireland, in other words for them to stay legally with me here. My parents are in their sixties and pensioners in their home country.

I couldn't find any transparent doc in relation to the process. The closest thing I found was EU treaty rights, in which the forms recognise / include parents as 'Family Members'.

Well, considering Irish nationality as an EU nationality subset, I wrote to the EU Treaty Rights section of Department of Justice. In response they said as I'm an Irish citizen I should contact General Immigration Section.

I wrote to the above section and enclosed copy of my Irish passport, my parents’ passports and their Irish visa and the entry stamp for their current visit. In response I received an acknowledgement of receipt of the correspondence. I may add that there is no reference number issues, although the letter template has a place for reference numbers. Moreover this brief letter says that they deal with applications in chronological order.


Now I'd like to know:

1- Is there any hope for my parents to be given a new stamp and possibly GNIB card while they are still here ie in the next 40 days?

2- Can they over-stay their current visa on the basis of the above acknowledgement of receipt of the correspondence?

3- If they can’t over stay and/or if there is no compelling case here, so what are the options if any?

4- If there is no well defined transparent process and/or options, do you recommend engaging a solicitor for the case?

I appreciate your expert input here.

Many thanks.
HP

http://www.irishtimes.com/newspaper/ire ... 04571.html

Above case was settled outside of court by DoJ...as if it would have gone through and had DoJ lost it would have been forceable by courts and DoJ had to give non-eu parents of Irish citizens permission to stay.

Its still not all doom and gloom. You can request them to live with you but you need to show that they are your dependents and you send money back home and they are old age etc etc & convince the minister. But I personaly advise you that they go back when their visas expire as it will complicate the situation and their case. Consult an immigration solicitor if you like....Stapleton Solicitors 01-6797939.

[acme4242]

Thursday, October 29, 2009
http://www.irishtimes.com/newspaper/ire ... 04571.html

Above case was settled outside of court by DoJ...as if it would have gone through and had DoJ lost it would have been forceable by courts and DoJ had to give non-eu parents of Irish citizens permission to stay.

This High Court case was settled by the DOJ in Nov 2008 but
the DOJ double crossed the family one year later.

Around 17 Nov 2008 the DOJ had settled the High Court case outside the doors of the High Court.
http://www.rte.ie/news/2008/1117/immigration.html
http://www.immigrantcouncil.ie/press_detail.php?id=83

Around 24 Nov 2009 DOJ double crossed the family,
and even succeeded in blocking the family from getting
near the high court second time around.
http://www.irishtimes.com/newspaper/ire ... 38935.html

Last I knew, the Irish family Mother was facing deportation.
I don't know what happened after this.

[fatty patty]

Thursday, October 29, 2009
http://www.irishtimes.com/newspaper/ire ... 04571.html

Above case was settled outside of court by DoJ...as if it would have gone through and had DoJ lost it would have been forceable by courts and DoJ had to give non-eu parents of Irish citizens permission to stay.

This High Court case was settled by the DOJ in Nov 2008 but
the DOJ double crossed the family one year later.

Around 17 Nov 2008 the DOJ had settled the High Court case outside the doors of the High Court.
http://www.rte.ie/news/2008/1117/immigration.html
http://www.immigrantcouncil.ie/press_detail.php?id=83

Around 24 Nov 2009 DOJ double crossed the family,
and even succeeded in blocking the family from getting
near the high court second time around.
http://www.irishtimes.com/newspaper/ire ... 38935.html

Last I knew, the Irish family Mother was facing deportation.
I don't know what happened after this.

No way

[HSE]

[quote="Nehro"]Hi there. There is also another way if you are prepared to change your current work. This is simply to work north of the border (Northern Ireland). After acquiring National Insurance number, a NI address, and regular job there, you then can arrange for a TOURIST (General Visitor) UK visa for your mum to come to NI. Once she arrives, you need to submit an EEA2 application Form for Residence Card for your mum. The decision may take a year or longer but your mum will be a legal immigrant in NI so long as the application is being processed. Once the resident card is issued it will be valid for 5 years in both the UK and Ireland. After 5 years of residency (officially in NI but you both can always cross the border), your mum may qualify for a British (not Irish) passport. This route is based on you are being an EU citizen (Irish) exercising your treaty rights in the UK (NI). Good luck to you
Nehro[/quote]

Hi Nehro and others,

do we have to be in Northern ireland to do EEA2 application or any one in main land UK can do the same too. i have a job and NI number and my parents does have both uk and irish visitor visas and they are not expired or anything wrong. what wud be my best option then?
thanks a mill mate

[walrusgumble]

hiya Fatty,
thanks a lot for the prompt response, really very much appreciated, and yes i agree with you regarding "need permission to go the toilet "..

sound, then i presume the other way she could, is by let say getting her into some work, there are plans of starting a possible business in Ireland, but to your knowledge are their any age requirements or restrictions?

let say a family type business was to start,,, i suppose that could work?

/ayman

If you are starting business that means she would need to get a work permit to work for you which right now are literally shut! it also requires documentation to prove for e.g. if you are opening up IT business you need to show IT skills/qualification etc of the candidate to convince department of trade to issue work visa and why there is no one here in Ireland available to do this job for you plus the category of job should not be listed as banned category under work permit guidelines. You just cant simply say to department of trade that this person is my family member and he/she will work for me, unfortunately it wont work this way.

work permit (any salary but certain jobs)
http://www.deti.ie/publications/labour/ ... ay2010.pdf

green card permit (30k+ p/a salary certain jobs) (over 60k p/a salary any job)
http://www.deti.ie/publications/labour/ ... ug2010.pdf

if someone who does not have a stamp 4, is non eu or irish national and wishes to start a business in ireland, they need a business permit from the inis directly. not a work permit/green card. possibly, highly unlikely to obtain with the capital requirement

of course, yes, if the non national is to be employed then then permit etc applies.

if a business is to start, it might be possible to obtain a spouse dependant permit, if, the spouse has a work permit or is now on long term residency (stamp 4/5). if it applied, then many of the difficult issues like publishing the job, would not be neccessary. its a different category as you can see in the guidelines. but, maybe it won't apply

seriously, best of luck getting permission to work. its one thing to get residency, its another to get the permit. a stamp 3 , now a days would be a success (if not eu related)