European ruling prompts Shatter to examine 120 immigration

[Southern_Sky]

http://www.examiner.ie/breakingnews/ire ... 98103.html

[Obie]

About time. It is a start, but it is inconcievable that the scope of Article 20 of TFEU will not also be applicable to adult Irish national, whom the department usually advise to relocate to another non-member state if they want to establish a family life.

Time to act Minister Shatters .

[IQU]

GREAT

[AShawna]

This is good news for many.

http://www.irishtimes.com/newspaper/ire ... 76603.html

[oceanstar]

does anyone have any idea..if both of parents are non-Eu students..in this case does the child get Irish citizenship or any other way of naturalisation??...thnx

[9jeirean]

does anyone have any idea..if both of parents are non-Eu students..in this case does the child get Irish citizenship or any other way of naturalisation??...thnx

Based my understanding, the Zambrano ruling in itself does not confer entitlement to citizenship to the minor child or the parents. However based on Irish constitution as per the 2005 amendment, if either of the non EU parents had been living legally in Ireland for 3 years prior to the birth of the child, then the child will be entitled to Irish citizenship.

Hope this helps.


9jeirean

[alpha_1]

Hi,

Sorry to hack this thread. I have few questions though.

For Non-EU parents with irish child. If father is on working visa stamp4 & child's mother is on dependent visa - stamp 3. then:

1) How to get stamp 4 for child's mother? I spoke with Garda immigration as I went for renewal. They say write letter to INIS?

2) Should I write letter or apply for WCATT for myself & my wife based on my child nationality?

I have already applied for Naturalization only for myself for the moment and its been 1 year since app is in progress.

Regards

[9jeirean]

Hi,

Sorry to hack this thread. I have few questions though.

For Non-EU parents with irish child. If father is on working visa stamp4 & child's mother is on dependent visa - stamp 3. then:

1) How to get stamp 4 for child's mother? I spoke with Garda immigration as I went for renewal. They say write letter to INIS?

2) Should I write letter or apply for WCATT for myself & my wife based on my child nationality?

I have already applied for Naturalization only for myself for the moment and its been 1 year since app is in progress.

Regards

I think the Zambrano case may very well have implications on the terms of residency for such parent as in your wife's situation, as one major the point of the Zambrano ruling is that the Belgian authority did not have the right to refuse right to work to the parent of the EU citizen child. So by implication, Non EU parents of Irish children on stamp 3 may very well be upgraded to stamp 4 to allow them work. Early days yet mate. I won't be writing anything to INIS yet, but watch the space.

9jeirean

[oceanstar]

thnx a lot 9jeirean..
i was residing legally as Non-Eu student for 8 yrs before my child's birth...does it countable towards my child's naturalisation??

[9jeirean]

thnx a lot 9jeirean..
i was residing legally as Non-Eu student for 8 yrs before my child's birth...does it countable towards my child's naturalisation??

I should think so as long as you were legally resident. You will have to submit evidence of your residency (stamp pages in passport, GNIB card) along with other requirement for passport applications.


9jeirean.

[alpha_1]

Hi,

Sorry to hack this thread. I have few questions though.

For Non-EU parents with irish child. If father is on working visa stamp4 & child's mother is on dependent visa - stamp 3. then:

1) How to get stamp 4 for child's mother? I spoke with Garda immigration as I went for renewal. They say write letter to INIS?

2) Should I write letter or apply for WCATT for myself & my wife based on my child nationality?

I have already applied for Naturalization only for myself for the moment and its been 1 year since app is in progress.

Regards

I think the Zambrano case may very well have implications on the terms of residency for such parent as in your wife's situation, as one major the point of the Zambrano ruling is that the Belgian authority did not have the right to refuse right to work to the parent of the EU citizen child. So by implication, Non EU parents of Irish children on stamp 3 may very well be upgraded to stamp 4 to allow them work. Early days yet mate. I won't be writing anything to INIS yet, but watch the space.

9jeirean

Thanks alot 9jeirean.

[agniukas]

thnx a lot 9jeirean..
i was residing legally as Non-Eu student for 8 yrs before my child's birth...does it countable towards my child's naturalisation??

unfortunately, time spent as a student on stamp 2 or as an asylum seeker does not count towards the 3 years required for the child to gain irish citizenship

[9jeirean]

unfortunately, time spent as a student on stamp 2 or as an asylum seeker does not count towards the 3 years required for the child to gain irish citizenship

Yes, that's true. Thanks Agnuiaks, just saw that now.

a person born in the island of Ireland after 1 January 2005 is entitled to Irish citizenship only if, during the four year period immediately preceding the person’s birth, one of the parents has been resident* in the island of Ireland for a period of not less than three years and neither parent was entitled to diplomatic immunity in the State.

* Certain residence is not reckonable, including unlawful residence, residence granted for the purpose of study and periods where there was a provisional permission to reside granted pending determination of an asylum application*

http://www.inis.gov.ie/en/INIS/Informat ... 140709.pdf


My apologies ocean-star, pls ignore my initial post.

9jeirean

[ImmigrationLawyer]

There is an arguement that residency as a student pre the amendment in 2005 should be reckonable.

Re the query about transferring to Stamp 4 from Stamp 3 - yes an application should be made to INIS, clearly setting out the family's history, circumstances and future intentions (work preferably) and requesting residency on Stamp 4 conditions on the basis of the Irish citizen child.