fatty patty wrote:
You are sorted then, your son born in 2010 is Irish provided you show your Latvian wife living history, her exercising treaty rights (p60/p21/bills/statements etc) as per immigration lawyer suggestion. I am kind of amazed as to why Brophy did not cop on to that. I wonder why ... £$.
I'm amazed at the level of ire there is against Brophy solicitors for asking for €1,000 upfront for a judicial review case that would cost them far in excess of that to run. €1,000 would POSSIBLY cover the cost of Junior Counsel drafting the required papers for an application for JR. This does not cover the cost of meeting with the clients, taking instructions, analysing the merits of the case, seeking the various documents etc, all the work required by the solicitor. Judicial Review is not a money making exercise for solicitors. It involves a great deal of work and the only time there is a return is if a case is successful. There's no incentive for any solicitor to "take a punt" on a JR as the client will invariably be unable to pay the huge amount for costs.
Notwithstanding the foregoing, they may have dropped the ball on this particular occasion although I'd be surprised if this was the case. Perhaps the mother cannot prove residence for three years prior to the latest child's birth? Anyways, you should do as you have been advised and seek an Irish passport for your youngest child and rely on Zambrano.
If you can't get an Irish passport for your child, I'd be of the view that you have a good case under Zambrano on the basis of your children of Latvian nationality but it would probably require an ECJ reference as has been suggested. They are EU Citizens and there is an argument to be made that not permitting you to stay and work would deprive them as EU Citizens, of the genuine enjoyment of the substance of his EU Rights.