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Seminar on the implications of Zambrano - Dublin

Forum to discuss all things Blarney | Ireland immigration

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Monifé
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Seminar on the implications of Zambrano - Dublin

Post by Monifé » Tue Apr 12, 2011 8:29 pm

Just to let anyone know who is interested, a seminar will be held in DIT on Aungier Street about the implications of the Zambrano judgement in Ireland.

It is from 6 - 7.30pm and is open to the public.

More information on the links below:

Irish Times Article

DIT News

I shall be in attendance and if I note anything of relevance or interest, i'll post it up here.
beloved is the enemy of freedom, and deserves to be met head-on and stamped out - Pierre Berton

Monifé
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Post by Monifé » Thu Apr 14, 2011 4:31 pm

Bump! :)

Don't forget, if you wish to go, it's on tonight at 6pm.

Open to the public.
beloved is the enemy of freedom, and deserves to be met head-on and stamped out - Pierre Berton

cocoa123
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Post by cocoa123 » Thu Apr 14, 2011 8:25 pm

Congrads to all! The first Stam4 based on the Zambrano case was issued by GNIB at 12.04.11. So, every Irish born child parent on Stamp1 can upgrade their stamp to stamp4 in GNIB. If you go there don't forget to bring with you the following links printed to avoid attempts of vawing you off by immigration officer. (Initially they were trying to say they heard nothing about it, but eventually couldn't ignore the info published on their own website). Also have with you

a) your valid GNIB Card
a) your valid work permit
c) child's birth certificate
d) child's irish passport
e) proof of your address
f) your passport

http://www.inis.gov.ie/en/INIS/Pages/Stamps
http://www.deti.ie/labour/workpermits/e ... quired.htm
http://www.immigrantcouncil.ie/images/s ... n_Note.pdf
Last edited by cocoa123 on Fri Apr 15, 2011 12:44 am, edited 11 times in total.

chebas
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And what is the process?

Post by chebas » Thu Apr 14, 2011 8:53 pm

You just go to the gnib, when taking a number explain you want a "stamp upgrade" take the papers, I assume birth cert and passport of baby, my wifes garda card and passport, my garda card?

If anybody know about this it would be brilliant!!!

thanks

seb

ITGuru
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Post by ITGuru » Thu Apr 14, 2011 11:11 pm

cocoa123 wrote:Congrads to all! The first Stam4 based on the Zambrano case was issued by GNIB at 12.04.11. So, every Irish born child parent on Stamp1 can upgrade their stamp to stamp4 in GNIB. Also have with you
a) your valid work permit
-------
What about people with Stamp 3 who are currently un-employed? I am Stamp 3, but the Parent of an Irish Citizen Child.

cocoa123
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Post by cocoa123 » Fri Apr 15, 2011 12:25 am

ITGuru wrote:What about people with Stamp 3 who are currently un-employed? I am Stamp 3, but the Parent of an Irish Citizen Child.
the links say nothing about the employment status of irish born child parent. So I assume it corresponds to all parents irrespectively their employment status. IMHO.

agniukas
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Post by agniukas » Fri Apr 15, 2011 8:32 am

cocoa123 wrote:Congrads to all! The first Stam4 based on the Zambrano case was issued by GNIB at 12.04.11. So, every Irish born child parent on Stamp1 can upgrade their stamp to stamp4 in GNIB. If you go there don't forget to bring with you the following links printed to avoid attempts of vawing you off by immigration officer. (Initially they were trying to say they heard nothing about it, but eventually couldn't ignore the info published on their own website). Also have with you

a) your valid GNIB Card
a) your valid work permit
c) child's birth certificate
d) child's irish passport
e) proof of your address
f) your passport

http://www.inis.gov.ie/en/INIS/Pages/Stamps
http://www.deti.ie/labour/workpermits/e ... quired.htm
http://www.immigrantcouncil.ie/images/s ... n_Note.pdf
Did this happen to you personally?
is there a chance, that it wasn't due to zambrano, but due to the fact that all persons on stamp 1 after 5 work permits get stamp 4?

agniukas
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Post by agniukas » Fri Apr 15, 2011 8:41 am

Monife, how was the seminar? Can you share the information you got there? Was it useful?

ITGuru
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Post by ITGuru » Fri Apr 15, 2011 9:11 am

agniukas wrote:
Did this happen to you personally?
is there a chance, that it wasn't due to zambrano, but due to the fact that all persons on stamp 1 after 5 work permits get stamp 4?
I have the same question. Just dont want to go to GNIB and argue with people there.

Any one who was on Stamp 3 got a change to Stamp 4? Please update if anyone knows.

cocoa123
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Post by cocoa123 » Fri Apr 15, 2011 9:16 am

agniukas wrote: Did this happen to you personally?
is there a chance, that it wasn't due to zambrano, but due to the fact that all persons on stamp 1 after 5 work permits get stamp 4?
It happened to my friend. And the status was changed on the basis of parent of irish born child who is irish citizen. Why? Cannot beleave it? Yes, the immigration officer didn't beleave at the beginning as well. But my friend insisted and exposed all related docs and proofs. They said "OK. Congrads! You're the first person who got stamp4 on this basis though". That it.

Tandor
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Post by Tandor » Fri Apr 15, 2011 9:36 am

How long was the stamp 4 valid for? I know current IBC get 3 years if I recall?

cocoa123
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Post by cocoa123 » Fri Apr 15, 2011 9:59 am

This one is for 1 year only.
ITGuru wrote: Just dont want to go to GNIB and argue with people there.
It's up to you though.

still waiting
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Post by still waiting » Fri Apr 15, 2011 12:59 pm

cocoa123 wrote:
agniukas wrote: Did this happen to you personally?
is there a chance, that it wasn't due to zambrano, but due to the fact that all persons on stamp 1 after 5 work permits get stamp 4?

It happened to my friend. And the status was changed on the basis of parent of irish born child who is irish citizen. Why? Cannot beleave it? Yes, the immigration officer didn't beleave at the beginning as well. But my friend insisted and exposed all related docs and proofs. They said "OK. Congrads! You're the first person who got stamp4 on this basis though". That it.[/quote
It seems great but did anyone else have got STAMP 4 aswell coz one of me friends went to GNIB last week and they didnt even talk 2 him and got angry on him that y he is is the office for this matter, did anyone else also got stamp upgrade pls share ur views
thanx

ITGuru
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Post by ITGuru » Fri Apr 15, 2011 2:23 pm

cocoa123 wrote: It happened to my friend. And the status was changed on the basis of parent of irish born child who is irish citizen. Why? Cannot beleave it? Yes, the immigration officer didn't beleave at the beginning as well. But my friend insisted and exposed all related docs and proofs. They said "OK. Congrads! You're the first person who got stamp4 on this basis though". That it.
The guy who issue GNIB tickets (not visa) could be really arrogant at times. I dont think just by taking few print outs of web pages would be enough to convince him. And there is not even a word from the Minister on this matter. I think the present govt also is continuing delaying decisions as much as they could like the previous one, Simple tactic - Outst as much NonEU as possible!

cocoa123
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Post by cocoa123 » Fri Apr 15, 2011 2:45 pm

It happened 3 days ago, not last week. Here I past the statement of Minister for Justice made at 21.03.11 published on the Parlament website if you still don't beleave it
Statement by Minister for Justice, Equality and Defence, Mr Alan Shatter, TD, on the implications of the recent ruling of the Court of Justice of the European Union in the case of Ruiz Zambrano.

Background

The Zambrano case was referred to the ECJ by a Belgian tribunal. Ireland along with a number of other Member States intervened in the proceedings. In summary, the Court ruled that Article 20 of the Treaty on the Functioning of the European Union precludes a Member State from refusing a third country national upon whom his minor children, who are EU citizens, are dependent, a right of residence in the Member State of residence and nationality of those children, and from refusing to grant a work permit to that third country national, in so far as such decisions deprive those children of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizen. [See background note for more detailed explanation of the case.]

Ireland’s Approach to Implementing the Judgement

First it is important to state that this judgement applies only where the child is a citizen. It has no implications whatever for Irish Citizenship law. The granting of citizenship remains a matter entirely for the Oireachtas under the Constitution [see background note].

Given the importance of the ruling in the Zambrano case, I have decided, with the support of my Government colleagues, to make a brief public statement outlining the consideration being given to cases involving Irish minor dependant citizen children who have a non-national third country parent or parents.

One possible approach in these matters is to wait for pending cases to be determined by the Irish Courts and for the Courts to interpret and apply the Court of Justice ruling. That is an entirely justifiable approach from a legal standpoint. However in this case the Government has agreed that there needs to be a more proactive approach and that it should make a clear statement of its intention to take early action in these cases, insofar as it is unnecessary to await rulings of the Courts. We should not tie up the courts unnecessarily or ask eligible families to wait longer than necessary.

Accordingly I have asked my officials to carry out an urgent examination of all cases before the courts (approximately 120 at present) involving Irish citizen children to which the Zambrano judgment may be relevant.

The Government has agreed with my proposal that early decisions in appropriate cases to which the Zambrano judgement applies be made without waiting for further rulings of the Courts.

I have also asked my officials to examine the cases in the Department in which the possibility of deportation is being considered in order to ascertain the number of cases in which there is an Irish citizen child and to which the Zambrano judgment is relevant. In addition, consideration will be given to those cases of Irish Citizen children who have left the state whose parents were refused permission to remain.

This initiative is being taken in the best interests of the welfare of eligible minor Irish citizen children and to ensure that the taxpayer is not exposed to any unnecessary additional legal costs.

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Post by agniukas » Fri Apr 15, 2011 7:12 pm

ministers speech is refering to the cases of people who are facing deportation or have been deported. it does not say anything about other legal parents of irish citizen children

9jeirean
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Post by 9jeirean » Fri Apr 15, 2011 9:48 pm

I think the INIS will make the information regarding this public on their website when they are ready to start implementing it. The minister has made it clear that the priority is to sort out cases facing deportation and cases before the courts. I've said it before, I think it will be implemented for other categories, e.g people on stamp 3, but they are likely working out how this will operate. INIS are dragging their heels? Yes, but we should also realize that the ruling has different ramifications for different people so it may take time to come up with relevant pathways for different categories.
What lies behind us and ahead of us is nothing compared to what lies within us

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Post by ITGuru » Fri Apr 15, 2011 10:42 pm

According to Immigrant Council of Ireland (as per Today - 15th April 2011) a person on Stamp 3 should send application to General immigration Section, INIS for a change of Status to Stamp 4. I wont go to GNIB and make a fool of myself before any final decision is made by the Minister.

still waiting
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Post by still waiting » Sat Apr 16, 2011 10:27 am

As i rang in Immigrant council yesterday lady on the phone was 100% sure that its impossible that GNIB can do stamp upgrade we have to go thru proper procedure sent all doc. to INIS
I also rang work permit section and ask them regarding this situation he told me thats new law but he cant say anything i have to go to GNIB and it depends on officer if they give me stamp 4 i dont hav to apply for work permit renewal and if not i have to apply for work permit renewal.
so nothing is clear

walrusgumble
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Post by walrusgumble » Sat Apr 16, 2011 7:02 pm

still waiting wrote:As i rang in Immigrant council yesterday lady on the phone was 100% sure that its impossible that GNIB can do stamp upgrade we have to go thru proper procedure sent all doc. to INIS
I also rang work permit section and ask them regarding this situation he told me thats new law but he cant say anything i have to go to GNIB and it depends on officer if they give me stamp 4 i dont hav to apply for work permit renewal and if not i have to apply for work permit renewal.
so nothing is clear
the gnib can only act once the inis gives them authority. zambrano stated that the parents should not only get permission to stay but also be given "work permits" and "access to the work force". in ireland this would norally be stamp 1 status, which is now, extremely fragile as if one lost their jobs they might have to get a new permit. or if someone got a chance in a life time offer for a job they would have to change permit. which there is no guarantee in getting such permit.

since ireland gave full blown residency (ie stamp 4 - no need to go through work permit application with dept of enterprise & employment) to people under the ibc scheme, people married to irish citizens, the government can't go and say, to any one relying on zambrano oh we will give you stamp 1. it would be ridiculous. not to mention the possibility of not get the actual permit at the department of enterprise. after all, many who have been deported or are illegal will probably now get stamp 4, so why shouldn't a legal person be allowed to change to stamp 4? o h course they should

the government are beginning to realise that zambrano not only effects those who never had legal status, but also those people who have stronger links to ireland under stamp 1,3 and even the odd occassion stamp2. in many ways, it makes the work permit scheme with existing people in ireland redundant (which is not a bad thing as they are practically slaves and cant move jobs) The government will be inundated with claims from the previously deported etc. this will take alot of time and attention and resurces. it will now be added hundreds with legal residence (stamp1,2,3) who would normally been refused (unfairly) a change to stamp 4 if they had an irish child as per section 6a inc act 1956-2004, after 2005 (dept usually ignored it and say oh the deadline was 2005, yet say yes to someone who married an irish person which could possibly - but very rarely- be a sham)

there is going to be a huge backlog of applications now.for sake of sanity etc, the department should again set up a new unit /re-establish- irish child unit. split it up into 2 sections.

one section for the people who had been deported, illegal etc - this will be intensive as will take ages as ireland might be seeking further clarification at the ecj . these are this the group which many member states like ireland, uk and germany are not happy with over the ecj case - this is fact and i am not trying to be contraversial or insulting. the main fear the member states have is the high likelihood of not been able to provide them with employment and thus more burden to social welfare


the 2nd unit should deal with parents who were legal (ie stamp 1,2 (which can occur sometimes),3) these people should have little problems. they are already legal, they have not been a burden on the state, they will unlikely be burdens and they were always likely to stay anyway.it could hardly be said to be adverse to the minisiter duty to "uphold the validity of the immigration system". moreover, it should be a formality and very quick.

The gnib don't have the power to change one's residency. they don't even have the power to decide to deport someone (unless at airport) its the inis. gnib can only act if they check their computers and the inis note authority to change it. considering that places like burgh quay are like cattle marts everyday (ie very busy with little privacy) you would be wasting your time dealing with the garda no matter how tempting.

i don't think anyone would want their lives left at the hands of the gnib, ie people who enforce the immigration policy of the government. if you had a serious medical problem you want to go to the doctor or consultant and not a pharmacist. at least dealings with the inis involve paper links and your written application. if anything goes wrong, you can demand an foi request and see your file and take legal action. relying on the opinion/attitude of a garda, orally, is not going to be fun. the garda may deny any communication whether intentionally or not (she / deals with so many people )

if the inis department adopted something like the above, ie separated legals with the illegals (non registered) then people on stamp 103' might get sorted out very quickly and in a pain free manner.

point is, don't go the garda, unless you know from realiable people that its possible. simply write to inis,set out your history and evidence of children (don't send the original documents until the department responds and requests the documents) keep a copy of EVERYTHING you send and put it by registered post. I have a sneaking feeling someone in the department is going to mess it up (don't worry you will succeed)

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