Zambrano

ImmigrationLawyer · Post by **ImmigrationLawyer** » Fri Jul 29, 2011 10:49 pm

about one month ago.I don't think it's a backlog in the usual sense, but rather a process of the 2 Depts coming to an agreement on the policy (and procedure) on these cases.

Single_mum · Post by **Single_mum** » Mon Aug 01, 2011 3:25 pm

[quote="ImmigrationLawyer"]about one month ago.I don't think it's a backlog in the usual sense, but rather a process of the 2 Depts coming to an agreement on the policy (and procedure) on these cases.[/quote]

Zambrano Denial
I got my passport back today and the reasons for denial was
1. Authenticity of documents
2. Immigration history of applicant.

Can someone please advice me what this all means and what next to do

ImmigrationLawyer · Post by **ImmigrationLawyer** » Mon Aug 01, 2011 9:51 pm

I would be most concerned about the "authenticity of docuements" reason for refusal. Do you have any idea why they might have thought any of the dos was not genuine? You can write and ask them for full reasons for the decision, and which document they say is not authentic and why.

Muttsnuts · Post by **Muttsnuts** » Mon Aug 01, 2011 10:05 pm

Single_mum wrote:
ImmigrationLawyer wrote:about one month ago.I don't think it's a backlog in the usual sense, but rather a process of the 2 Depts coming to an agreement on the policy (and procedure) on these cases.
Zambrano Denial
I got my passport back today and the reasons for denial was
1. Authenticity of documents
2. Immigration history of applicant.

Can someone please advice me what this all means and what next to do

I'd be inclined to see a solicitor for an appeal. I would see Immigration history as not being a valid reason for refusal (depending on the particular facts of your case (which I don't recommend posting up here)). Authenticity of your documents would be a potentially valid reason but there are ways around it.

If you're serious about obtaining permission to remain in Ireland, then I recommend you treat it seriously by engaging the services of a professional. It's a small investment for a significant reward.

Post by **Obie** » Tue Aug 02, 2011 1:59 am

I how this will not be the start of a trend.

I will be very intersted to know the circumstance surrounding this refusal, or the reasons provided to justify it. I hope the visa officers are minded of the fact they are dealing with European Law here, and treaty rights for that matter.

walrusgumble · Post by **walrusgumble** » Tue Aug 02, 2011 11:25 am

Obie wrote:I how this will not be the start of a trend.

I will be very intersted to know the circumstance surrounding this refusal, or the reasons provided to justify it. I hope the visa officers are minded of the fact they are dealing with European Law here, and treaty rights for that matter.

They are still entitled to seek documents. they are not dealing with married couples, and it is possible, pending the new ECJ cases on these issues, this i actually a matter from the member states and not eu. How can you put stamps in when one has no passport? (well aware of MRAX)

Fake documents? Like passports and adults birth certs? That is quite common during the asylum process, or previous claims of now documents upon entry into the state. the requirement is not burdensome for most.

Go to embassy (which is likely here in Ireland or UK)

dbaby · Post by **dbaby** » Tue Aug 02, 2011 3:40 pm

Single_mum wrote:
ImmigrationLawyer wrote:about one month ago.I don't think it's a backlog in the usual sense, but rather a process of the 2 Depts coming to an agreement on the policy (and procedure) on these cases.
Zambrano Denial
I got my passport back today and the reasons for denial was
1. Authenticity of documents
2. Immigration history of applicant.

Can someone please advice me what this all means and what next to do

So sorry to hear about the refusal.

Did u apply through a lawyer?if not u might want to get one. i have heard it might be better to apply from ireland if the child is resident in ireland? the child been resident in the state seems to be a key factor.

I am still waiting for a reply from the embassy could not get through to them today will try tomorrow.

How did u get your notification? by post, email or phone.

what are your next steps? stay prayerful

Single_mum · Post by **Single_mum** » Tue Aug 02, 2011 3:44 pm

So sorry to hear about the refusal.

Did u apply through a lawyer?if not u might want to get one. i have heard it might be better to apply from ireland if the [b]child is resident[/b] in ireland? the child been resident in the state seems to be a key factor.

I am still waiting for a reply from the embassy could not get through to them today will try tomorrow.

How did u get your notification? by post, email or phone.

what are your next steps? stay prayerful[/quote]

I have no idea what the next steps should be at this point. I was told to apply from Ireland as the child is resident here but with this refusal, will that not go against me now.

Would it still be a visa we applying for or what?

The content was DHL back to us with the letter attached.

At this point i am waiting on immigration lawyers to contact me back. I'm open to suggestions if people have any

Single_mum · Post by **Single_mum** » Tue Aug 02, 2011 3:47 pm

They are still entitled to seek documents. they are not dealing with married couples, and it is possible, pending the new ECJ cases on these issues, this i actually a matter from the member states and not eu. How can you put stamps in when one has no passport? (well aware of MRAX)

Fake documents? Like passports and adults birth certs? That is quite common during the asylum process, or previous claims of now documents upon entry into the state. the requirement is not burdensome for most.

Go to embassy (which is likely here in Ireland or UK)[/quote]

There were no fake documents there including passport. Birth cert was only requested for the baby and as its an irish one with its not possible to fake that now.

Also they had the childs BIO data. Also that cant be faked as its an Irish passport.

This application was much quicker than most people waiting for some sort of reply. It was only a month waiting before being sent back.

Single_mum · Post by **Single_mum** » Tue Aug 02, 2011 3:48 pm

I'd be inclined to see a solicitor for an appeal. I would see Immigration history as not being a valid reason for refusal (depending on the particular facts of your case (which I don't recommend posting up here)). Authenticity of your documents would be a potentially valid reason but there are ways around it.

If you're serious about obtaining permission to remain in Ireland, then I recommend you treat it seriously by engaging the services of a professional. It's a small investment for a significant reward.[/quote]

Does anyone have an idea of a "good" lawyer i might call on?

dbaby · Post by **dbaby** » Mon Aug 15, 2011 1:13 pm

Does anyone have any new?

@single_mum how is the appeal going?

walrusgumble · Post by **walrusgumble** » Thu Aug 18, 2011 4:17 pm

Single_mum wrote:They are still entitled to seek documents. they are not dealing with married couples, and it is possible, pending the new ECJ cases on these issues, this i actually a matter from the member states and not eu. How can you put stamps in when one has no passport? (well aware of MRAX)

Fake documents? Like passports and adults birth certs? That is quite common during the asylum process, or previous claims of now documents upon entry into the state. the requirement is not burdensome for most.

Go to embassy (which is likely here in Ireland or UK)

There were no fake documents there including passport. Birth cert was only requested for the baby and as its an irish one with its not possible to fake that now.

Also they had the childs BIO data. Also that cant be faked as its an Irish passport.

This application was much quicker than most people waiting for some sort of reply. It was only a month waiting before being sent back.[/quote]

My response was a general one at not aimed at you. As for birth certificates, you would be surprised.

Anyway, going back to your issue.

Documents:
Are you married? If so, did ye have the requiste marriage certificate and translation, with all names (ie you and father/mother) spelt the same way as the passport? If not married, does father have evidence of guardianship. Did ye provide full evidence that non married father is playing an active role eg guardianship,access orders. Do ye live together or did ye ever live together.

Instead of second guessing you, tell us, exactly what documents that you provided.

As for the Immigration issue. The State, like others, are clearly taking the Zambrano judgment and facts literally ie real deprivement of residency within the union as a whole. Did any parent leave Ireland for whatever reason, did they leave Ireland with child? Is child entitled to another nationality. Remember, Zambrano argued that they could not go back to Columbia. THe state might argue that there is no deprivement because the parents made the choice to leave. The state are clearly praying that the forthcoming ECJ case involving Austria answers some of their prayers (somehow, i doubt it) They are banking that the ideas (as oppose to the facts) in McCarthy limits Zambrano. Only the ECJ can answer this.

CP182 · Post by **CP182** » Fri Aug 19, 2011 6:52 pm

My situation is that I have a 6-month-old with an Irish citizen (by birth). We have never lived in Ireland (never been able to until now) and our child was born in the US. I can go over and put the apartment in both mine and my boyfriend's name, etc., but they will see from my passport that I've never lived there. What are the chances of us winning under the Zambrano? It looks to me that the residency is key. I'm afraid of being rejected.

Thanks, everyone!

CP182 · Post by **CP182** » Tue Aug 23, 2011 5:35 pm

Anyone?

CP182 · Post by **CP182** » Tue Aug 23, 2011 5:35 pm

Anyone?

dbaby · Post by **dbaby** » Wed Aug 24, 2011 11:28 pm

http://brophysolicitorsimmigration.blogspot.com/

God's Favour · Post by **God's Favour** » Fri Sep 02, 2011 6:01 pm

Hi there, Kindly advise me on this issue, when citizenship application is approved but the Department of Justice sends another letter regarding alleged suspected criminal STRUCK OUT cases, how do you comment on these please? Need urgent answers. Thanks

God's Favour · Post by **God's Favour** » Sun Sep 04, 2011 1:50 pm

A friend of mine lived in ireland for 8 years and was Deported in 2005, he came back to the UK in 2006, now lives in Northern Ireland married to an Irish national with wife and Irish children, Because Northern Ireland is part of Island of Ireland He is entitled to apply for Irish citizenship based on his legal status in Northern Ireland.

However the reason why deportation happened was because of suspected criminal cases but Gardai struck cases out in order to aid deportaton. At the moment there is an existing deportation order still on his name. When criminal checks are been made in his name it shows there are none because this person hasn't commited any crimes either in the UK or Ireland perhaps not withstanding the revoked criminal convictions.

Please how do you comment on this, after citizenship application is been approved and you have been invited to the ceremony and you get a letter to comment on a struck out case?

Help please.

lily74 · Post by **lily74** » Thu Nov 03, 2011 3:17 pm

Has anyone got a visa from outside the state regarding Zambrano?

kindly reply

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