want to know

[ladipo]

I will like to find out what my friend can do to change his status from spouse of irish national to the zambrano law, he residence permit is expiring in 2014 and feels its better for him to be under the zambrano law instead of staying under irish law. please what can he do as he is has an irish child as well

[fatty patty]

I will like to find out what my friend can do to change his status from spouse of irish national to the zambrano law, he residence permit is expiring in 2014 and feels its better for him to be under the zambrano law instead of staying under irish law. please what can he do as he is has an irish child as well

It is better and lot easier to renew as spouse of irish/eu then to rely on Zambrano. Unless your friend is having marital issues...if that is the case then your friend has to show that he is playing an active role in the upbringing of the child after the separation etc which is a tad tricky to prove. A solicitor will probably give you a sound case specific advise on this one.

[ladipo]

thanks fatty,he is current having marital problems but still talking with his wife.his residence expires in 2014 is he still ok to continue to live in the country on that basis or should he just inform inis about their intention to seperate

[Muttsnuts]

thanks fatty,he is current having marital problems but still talking with his wife.his residence expires in 2014 is he still ok to continue to live in the country on that basis or should he just inform inis about their intention to seperate

If they have not separated then he can remain as he is. If or when he does separate he would be advised to inform the INIS. If he is near the requirements for Citizenship, they will most likely renew his permission under Stamp 4 as an exceptional measure as long as he is working,etc. I've never heard of it happening that they would revoke his premission to remain on this basis.

If they do separate, an application under Zambrano would be a good idea. he should start collecting evidence of his involvement in the child's life now in preparation. If they do separate, he should also seek to formalise access, guardianship and maintenance arrangements via appilcations to the District Court.

[ladipo]

thanks for your response.the wife will be moving out soon but willing to continue talking to him so do you advise him to inform inis or remain under the spouse of irish national permit.

[ImmigrationLawyer]

Write to the spouse of Irish National section and advise them of the change of circ's. Let them know about the child as well, who she is going to live with, access arrangements, etc. You should try to get something legal in place re childcare. If they want to revoke the status based on marriage then you can rely on Zambrano. Uusually they let it continue tho, even when a couple break up. It just continues.