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Is it legal to remain in Ireland during the process??

Forum to discuss all things Blarney | Ireland immigration

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chicy20
Newly Registered
Posts: 1
Joined: Mon May 30, 2011 6:17 pm

Is it legal to remain in Ireland during the process??

Post by chicy20 » Mon May 30, 2011 6:32 pm

Hello, I hold a study visa stamp2 before I submit a request to change into other status to remain in Ireland as I have a Irish minor citizen child. My visa is expired during the process.
I am wondering am I legal now when I am waiting the decision please???

Any advices is great help. Thank you very much!!

Muttsnuts
Member
Posts: 122
Joined: Sat Oct 02, 2010 12:58 am

Re: Is it legal to remain in Ireland during the process??

Post by Muttsnuts » Tue May 31, 2011 1:38 am

chicy20 wrote:Hello, I hold a study visa stamp2 before I submit a request to change into other status to remain in Ireland as I have a Irish minor citizen child. My visa is expired during the process.
I am wondering am I legal now when I am waiting the decision please???

Any advices is great help. Thank you very much!!
You are not legal pending a decision in your latest application. You will be present in the State without any permission to remain. You cannot work during this time either technically.

However, you will not be deported as you can argue that you should be permitted to remain until you get a proper response to your application.

You're essentially in limbo until a response comes through in your Zambrano Application unfortunately.

ImmigrationLawyer
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Posts: 306
Joined: Fri Feb 05, 2010 7:38 pm
Location: Dublin

Post by ImmigrationLawyer » Tue May 31, 2011 9:11 am

go to your local immigration officer straight away with the child, the child's birth cert and PP, and your PP and GNIB card. your Permission should be extended on stamp 4 status.

Muttsnuts
Member
Posts: 122
Joined: Sat Oct 02, 2010 12:58 am

Post by Muttsnuts » Tue May 31, 2011 10:52 am

ImmigrationLawyer wrote:go to your local immigration officer straight away with the child, the child's birth cert and PP, and your PP and GNIB card. your Permission should be extended on stamp 4 status.
It would seem that his permission has already expired so he doesn't have any existing permission so he will not receive any form of status without a written application most likely.

ImmigrationLawyer
Member of Standing
Posts: 306
Joined: Fri Feb 05, 2010 7:38 pm
Location: Dublin

Post by ImmigrationLawyer » Tue May 31, 2011 11:18 am

def worth a try, the immigration officer might even grant a temporary stamp but if the stamp 2 is well out of date then I agree, he may not.
Under Zambrano the OP has a right to reside in Ireland under EU law. Put in an application for Jobseekers Allowance, or work fulltime - I would argue you have the right.

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