Residency on the basis of Zambrano judgement

[Giri]

Hi,
I had lived in Ireland for 6 years and later moved to UK. I had applied my long term residency at the end of 5 years but couldn't get approved until my 6 years. So I moved to UK during the recession time. After 6 months I got the letter from the DoJ to verify my stamp and GNIB card. I couldn't produce because I already left the country. My son is an Irish national. On the basis of Zambrano judgement can I apply again to come back to Ireland and at the same time can I apply for long term residency as well? What is the arrangement made by the DoJ?

Advise me please!!!

GIRI

[fatty patty]

This is a little tricky one as according to INIS...

This Judgment may be particularly relevant to the following categories of third country national:

1.parents of an Irish citizen child or children who are awaiting a decision in their case under Section 3 of the Immigration Act 1999 (as amended),

2.parents of an Irish citizen child or children who have current permission to remain in the State on the basis of Stamp 2 or Stamp 3 conditions and

3.parents of an Irish citizen child who have been deported or who have left the State on foot of a Deportation Order.

Persons referred to at (3) above will have to apply to the relevant Irish Embassy or Consulate in their own country of origin for a visa to return to this State and they will, at that point, be required to produce documentation which shows a clear link to the Zambrano Judgment.

http://www.inis.gov.ie/en/INIS/Pages/PB11000004

You have left Ireland voluntarily if you happen to come back to Ireland you can apply otherwise it is a little difficult i guess, unless you can show that your UK visa is expiring and if not given stay you would have no choice but to go back to Non-EU country with your Irish born child imho.

[rlow68]

Hi,
I had lived in Ireland for 6 years and later moved to UK. I had applied my long term residency at the end of 5 years but couldn't get approved until my 6 years. So I moved to UK during the recession time. After 6 months I got the letter from the DoJ to verify my stamp and GNIB card. I couldn't produce because I already left the country. My son is an Irish national. On the basis of Zambrano judgement can I apply again to come back to Ireland and at the same time can I apply for long term residency as well? What is the arrangement made by the DoJ?

Advise me please!!!

GIRI

You may have a chance dont despare, please contact a solicitor, there may be a way, but a Solicitor will be better placed to advice you.

[ImmigrationLawyer]

If you are a Visa required national you should apply for a Visa to the Irish Embassy showing all documents in relation to your family including copy passport of the Irish child, birth cert, proof of address to show you are living together as a family, plus all the usual documents required when applying for a visa such as proof of finances, full copy of previous passports, etc. Explain the visa is to accompany Irish child back to Ireland to reside there in accordance with the Zambrano ECJ judgement. If not visa required have all docs ready to show the Immigration Officer at the airport when you come through. You then may have to make application in writing to the Repatriation Unit, INIS, who are processing these apps, details on INIS website.

[Giri]

Hi,

I do not need a visa to enter Ireland. At the same time can I apply from UK to the repatriation unit? or I have to travel to Ireland and apply from there? More confusing from the website. As one of the member mentioned earlier the website has mentioned about the deportation cases or who are presently in UK. Can I eligible?

GIRI

[rlow68]

Hi,

I do not need a visa to enter Ireland. At the same time can I apply from UK to the repatriation unit? or I have to travel to Ireland and apply from there? More confusing from the website. As one of the member mentioned earlier the website has mentioned about the deportation cases or who are presently in UK. Can I eligible?

GIRI

what has repatriation and deportation got to do with your question? or were you deported before? I dont understand, for you to apply for the zambrato it will be better and in your interest to apply in Ireland, since you can come to Ireland and have the information required as adviced by others, alternatively relax and wait for the instructions from the DOJ in respect of deportees.

[walrusgumble]

you would be entitled to at least apply under zambrano.get proofs that you and child lived here.dept will have most already.it will be some form of stamp 4.whether domestically or via eu not sure what government will do.should be eu.either should be ok.secondly,assuming you were legal in uk, (child was(might have been exercisng eu rights via chen) if so,child is again exercising eu rights by coming home (shing).so even if zambrano never arose you may have right to residence under eu and your child's movement.nice residency on basis of child possibly on 2 grounds certainly on 1,regardless of leaving.what was your status in uk?no need to disclose if you wish.might help to see if second basis applies

[walrusgumble]

patty and op.the department will have to consider people who were deported even as long as 2 years ago.some never had legal status.yet some of these people might get back.the op should have a superior case as op had legal status for at least 5 years.if op was legal in uk and left ireland voluntary,compared to some cases,it must be justifiable for op to succeed,and credit given for leaving instead of claiming welfare which op might be entitled.it would be disportionate to refuse.ops case is far stronger(since getting ltr i assume op was one stamp 1 for 5 years)if legal in uk it wont kill you if you say you and child were in the uk

[walrusgumble]

Hi,

I do not need a visa to enter Ireland. At the same time can I apply from UK to the repatriation unit? or I have to travel to Ireland and apply from there? More confusing from the website. As one of the member mentioned earlier the website has mentioned about the deportation cases or who are presently in UK. Can I eligible?

GIRI

what has repatriation and deportation got to do with your question? or were you deported before? I dont understand, for you to apply for the zambrato it will be better and in your interest to apply in Ireland, since you can come to Ireland and have the information required as adviced by others, alternatively relax and wait for the instructions from the DOJ in respect of deportees.

make application to ireland only.do it now and ask for instructions as what you should do now about coming.i believe zambrano is only applicable to eu minor child in country of their birth/nationality.chen applies elsewhere

[icecoolkk]

please share understanding on followings;

1. Is here anyone who got reply/acknowledgment from INIS on thier case ? i applied about a month back no reply ??if yes any comments from INIS

3. Do you think that currently people on stanp-1 spousal work permit and father of irish born child qualify under this ruling or this ruling is only meant for people on stamp 2/3?

very confused please help

[Giri]

Thanks for all of your comments. I am living in UK under Tier 1. I was living under stamp 4 in Ireland. I can apply to Ireland as soon as possible.