Zambrano EU Court ruling & Effect on NonEU Parent-Stamp3

[ITGuru]

I wonder whether the Zambrabo EU court ruling has any effect on NonEU parents of Irish Born children residing in Ireland on Dependant visa (Stamp 3). My Wife is working on Stamp 4 and I am now unemployed with stamp 3. Although few companies had their interest in employing me, it was eventually rejected because of requirement of a Spousal Work Permit.

I wonder whether this new ruling has any effect on cases like mine who cant work because of Work Permit requirement?

[Monifé]

You can most definitely invoke the rights of the Zambrano ruling, if you children are Irish citizens.

I think for your children to be Irish citizens, you need to have been living here legally for the 3 years prior to their birth.

I would write to the department asking them to change your status to stamp 4 on the basis of your Irish children and the Zambrano ruling.

[ITGuru]

Thanks Monifé,
Yes, My Kid is an Irish Citizen and I am living in Ireland for the last 6+ years. When I talked to one of the organisations supporting non national communities, they were not sure about it.

They pointed the following as a reason for that:
Cons:
1. I am already living with my Irish born kid.
2. Even though I cant work my wife is still working and is Stamp 4
3. I doesnt have a threat of deportation since I could legally stay here eventhough I cant work

Pros:
1. My wife cant support the kids and me with one persons income and i have to take the kids out of this country soon to live a standard life.

though they suggested me to write a letter to the Justice dept to change my status.

What all documents would I need along with the letter supporting my case?

[9jeirean]

Thanks Monifé,
Yes, My Kid is an Irish Citizen and I am living in Ireland for the last 6+ years. When I talked to one of the organisations supporting non national communities, they were not sure about it.

They pointed the following as a reason for that:
Cons:
1. I am already living with my Irish born kid.
2. Even though I cant work my wife is still working and is Stamp 4
3. I doesnt have a threat of deportation since I could legally stay here eventhough I cant work

Pros:
1. My wife cant support the kids and me with one persons income and i have to take the kids out of this country soon to live a standard life.

though they suggested me to write a letter to the Justice dept to change my status.

What all documents would I need along with the letter supporting my case?

Not taking anything away from your point ITGuru, but I don't think there's any room for the DoJ to analyze any pros or cons when it comes to a judgement that has been handed down by the ECJ, the highest court of law in Europe. There is no doubt that that the scope of Zambrano ruling covers such parents of Irish citizens who are on stamp 3 that restricted them from working.

The main object of the Zambrano ruling is the right of residency and access to work for the parents of the union citizen children. The decision to restrict one parent from employment is a local policy put in place by the Irish authority. Where Zambrano applies and is evoked, it supersedes any national policy that might previously applied to such persons.

I've said it here before, I think the DoJ will indeed change the status of such parents but they may argue that their priority in the main is to sort out cases that are pending deportation and ones that are pending at the courts.

I will however advice to send in your application in any case. You've got nothing to lose.

9jeirean

[acme4242]

Worth reading this weeks issue from ICI. Busy week

http://www.immigrantcouncil.ie/news-bul ... n-issue-84

The effect in Ireland of the judgment is that the parents of Irish citizen children, no matter what their nationality or immigration status, must be given the right to live and work in Ireland while the children are minors and are dependent on them.

People who believe the judgment affects them may make applications to the Irish Naturalisation and Immigration Service (INIS) -

• those parents with residence permits that do not give them full access to the labour market may apply to the INIS for a Stamp 4 permit, giving them permission to live and work in Ireland;
  
  those parents of Irish citizen children in respect of whom a deportation order has been issued may apply for revocation of the deportation order and, if necessary, a visa, whether or not they have already been deported;
  
  parents who are already waiting for decisions on applications for permission to live and work in Ireland may update their application with reference to the Zambrano case.

Those people who think the ruling might affect them should ring our Information and Referral Service on 01 674 0200 or read an information note on our website - http://www.immigrantcouncil.ie/images/s ... n_Note.pdf. A full copy of the judgment can be accessed here: http://curia.europa.eu/jurisp/cgi-bin/f ... ff=C-34/09

Shocking, but no longer surprising behaviour from the Dept of Justice and Equality *cough

Clarification sought in decision implying second-class citizenship for migrants

An ICI client is seeking urgent clarification from the Government over a decision which implies citizenship by naturalisation does not confer the full rights afforded to citizens of this country.

The ICI is providing support to the woman, who was recently granted Irish citizenship as the widow of an Irish citizen. Ordinarily, widows of Irish citizens are required to pay a reduced fee for citizenship - €200 as opposed to €950. However, our client was shocked when she was informed that she would be required to pay the full €950 fee because her husband "was not an Irish Born Citizen".

Leaving aside the cost issue, this truly appalling decision implies that Ireland has established two different classes of citizen and accords them different rights. We will keep you informed about any developments.

[mastermind]

There are also some links to opinions/analyses of the judgement being collected in this topic: http://www.immigrationboards.com/viewto ... 761#466761
You might probably want to pass them on to the organization you mentioned.

[ITGuru]

What would be the Documents required for making the application?

1. Copy of the passport of the Irish Born Child
2. Child's Birth Certificate
3. Relevant pages of my passport
4. Copy of my Garda card

Any thing else? Do I need to attest the copies by a solicitor?

[Monifé]

What would be the Documents required for making the application?

1. Copy of the passport of the Irish Born Child
2. Child's Birth Certificate
3. Relevant pages of my passport
4. Copy of my Garda card

Any thing else? Do I need to attest the copies by a solicitor?

The above sounds good. Not that knowledgeable in this area of immigration but perhaps you could send some utility bills aswell as proof of residence in Ireland. If you are sending in copies, I assume you will have to get them attested. Don't need a solicitor, you can use a commissioner of oaths. It is usually around 10euro.

[agniukas]

i am not sure whether there is any section sellected to process those kind of applications. they will probably have to create a new section something like IBC, to deal with all those similar queries.
if there is no section appointmnet to deal with those queries, chances are that those applications will be just circuling around from section to section and then boxed somewhere awaiting from direction from the top... (minister).

[starbuck]

I am also in the same situation as you are. I have applied for stamp4 with the docs that you have applied with. Please post a reply just in case you get any from the department.

[ITGuru]

According to Immigrant Council of Ireland and one of the leading Immigration Solicitors in Dublin whom I contacted , all parents of Irish Citizen Children could now apply for Stamp 4. So all Stamp 3 parents could now apply for a change of status as per my information.

The application should be made to

Change of Status Section
INIS
Dept of Justice and Law reform
13-14 Burgh Quay
D 2

There are contradictory reports about the use in going via a Immigration Solicitor by paying them or applying directly. Solicitors are very structured and have a list of docs that need to be submitted along with the application.



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[oceanstar]

i have a question? i do have a irish born eu citizen son, can i able to apply ?
thanks

[ITGuru]

i have a question? i do have a irish born eu citizen son, can i able to apply ?
thanks

All Parents could apply for a Stamp 4 if their Child is an Irish Citizen.

Docs required according to immigration Council:
1. Copy of the Passport of the Irish Citizen Child
2. Copy of the child's birth certificate
3. Copy of your passport
4. Copy of Garda Card
5. Copy of Utility Bill
6. Any other relevant docs

Note: All docs need to be attested

[desibuddy]

I am also on the same boat (stamp 3). Can you please share few things like

Have you applied through solicitor or directly.?f through solicitor how much u had to pay them?

Have you heard back anything from INIS ?

Recently i spoke with Entemp but they directed me to INIS.

Thanks

[ITGuru]

I am also on the same boat (stamp 3). Can you please share few things like

Have you applied through solicitor or directly.?f through solicitor how much u had to pay them?

Have you heard back anything from INIS ?

Recently i spoke with Entemp but they directed me to INIS.

Thanks

I would apply today. Just attested all the docs by a solicitor. The dept is still "considering various options" on this issue (How long? For an year!).

The solicitor charges vary too much. One solicitor asked me 600 while another firm just 100.

I have sent a pm to you about the solicitor.

[Reetu]

When i had contacted Immigration council, I have been advised to send written application with all supporting documents to following address, but informed that there is no need to attest any documents:-

Irish Born Child Unit,
Department of Justice and Equality,
PO Box 10003,
Dublin 2.

Documens required:-

copy of passport & birth certificate of Irish born child
Copy of the passport (parent)
Copy of the GNIB card (parent)
copy of any reference witch which v can claim we are eligible for stamp-4, so for this i have enclosed this:- (http://www.immigrantcouncil.ie/images/s ... n_Note.pdf)

Also as i am working on Spousal work permit (Stamp-1) and it is due for renewal on May'11, i have been advised immigration council that not required to apply for renewal of work permit, rather than applying for changing stamp status to Stamp-4, also advised me to enclose copy of recent work permit.

I have also enclosed copy of P-60 as well, but i didn't enclose any utility bill showing my address, although the P-60 itself is showing my full residential address, so will it be ok? As told by immigration council i didn't attest any copies enclosed, will it be ok?

Or else do i need to send another application again with fully attested supporting documents including utility bill.

Kindly advise somebody.

thanks

[ITGuru]

When i had contacted Immigration council, I have been advised to send written application with all supporting documents to following address, but informed that there is no need to attest any documents:-

Irish Born Child Unit,
Department of Justice and Equality,
PO Box 10003,
Dublin 2.

---
---

So many different addresses conveyed by various agencies. Any way I send to Change of Status section at INIS. But would be happy to send another application to the "Irish Born Child Unit" address as well.

Or else do i need to send another application again with fully attested supporting documents including utility bill.

Kindly advise somebody.

thanks

I dont think so. Usually if they need any thing else they would write back to you regarding that.

[oceanstar]

but my son is eu citizen he born in ireland,,,,,, not irish citizen,,,,becos my husband from eu and i m non eu.
they only say irish citizen ,still can i ?

[fatty patty]

but my son is eu citizen he born in ireland,,,,,, not irish citizen,,,,becos my husband from eu and i m non eu.
they only say irish citizen ,still can i ?

You should be applying via EUFAM1 (spouse of EU citizen) not via Zambrano ruling. This is for non-EU immigrants (documented/undocumented) to avail on the basis of their national citizen children (national in the country they are residing meaning Irish child for Ireland residency, French child for France residency etc)

[9jeirean]

The INIS would do better to remove all this confusions by providing the relevant info on their website. All they are doing at the moment is digging their heels in the sand. It's no use.

[9jeirean]

The INIS would do better to remove all this confusions by providing the relevant info for zambrano applications on their website. All they are doing at the moment is digging their heels in the sand. It's no use.

[LADYB]

Please, I'll like a clarification. I have an Irish Citizen Child but I am Nigerian, I am currently not in Ireland as I have since returned to my country with my child since I was not given the Residency when I applied in November, 2007.

I want to know the process of returning to Ireland with my child to apply for this Residency and work permit.

Thank you

[fatty patty]

Please, I'll like a clarification. I have an Irish Citizen Child but I am Nigerian, I am currently not in Ireland as I have since returned to my country with my child since I was not given the Residency when I applied in November, 2007.

I want to know the process of returning to Ireland with my child to apply for this Residency and work permit.

Thank you

I suggest you should contact the Irish Embassy in Abuja

http://www.embassyofireland.org.ng/home ... x?id=51288

Zambrano ruling has changed the immigration dynamics so in your case you should get a favourable answer.

[shintaxyz]

Please, I'll like a clarification. I have an Irish Citizen Child but I am Nigerian, I am currently not in Ireland as I have since returned to my country with my child since I was not given the Residency when I applied in November, 2007.

I want to know the process of returning to Ireland with my child to apply for this Residency and work permit.

Thank you

Lady B,

I guess we are in the same shoes. I have been advised by my solicitor to apply for a Long Stay Visa D, Join Family - NON-EU Parent of an Irish Citizen. I have my wife and my Irish born daughter in Ireland. I was refused a Join Spouse Visa last year based on the fact that my wife is on Stamp 4.
The reason - GP:- Contrary to General Policy - It is not general policy to permit any person, whether related or not, to join or visit any person who is in the State on temporary permission to reamin status. Your case has been fully examined, and you have not shown any compelling grounds as to why an exception to this policy should be made in your case.

But now the Zambrano case have changed a lot of things. I intend to submit my application in Lagos before the end of the month.

[chinos]

What would be the Documents required for making the application?

1. Copy of the passport of the Irish Born Child
2. Child's Birth Certificate
3. Relevant pages of my passport
4. Copy of my Garda card

Any thing else? Do I need to attest the copies by a solicitor?

The above sounds good. Not that knowledgeable in this area of immigration but perhaps you could send some utility bills aswell as proof of residence in Ireland. If you are sending in copies, I assume you will have to get them attested. Don't need a solicitor, you can use a commissioner of oaths. It is usually around 10euro.

I have all the above listed documents attested.Which application form should I fill up? [/quote]