Status of baby

[Devine13]

Hello experts, I have a question and wondering if someone could help please...

I am South American. I am dovorced and holder of (Permanenet Residence card) "Stamp 4EUFam" approved for 10 years. My Permanenet Residence card is approved after i got divorced and DOJ is aware of that. I am in a relationship with a non EU girl (South American) who is illegally living in the country and we are expecting a baby in the next few weeks.

As i am living on "Stamp 4EUFam" legally for the past 6 years and divorced from my EU spouse, what would be the status of our baby. WOuld the baby would eligible for Irish Passport ? and the fact my girl friend is illegal here, would that be a problem to get the Irish passport for the baby ?

Much obliged for your opinion.

Jose

[dalebutt]

Your girl friend status would not have bearing on your Child's right to citizenship, your child will be an Irish citizen by birth, and you can apply for a passport when convenient, also after the birth your girl friend can apply for stamp4 based on zambrano on the basis of being the parent of an Irish citizen.

[Devine13]

Thanks for the reply but would the Passport office be not looking for the legal status of my girl friend ? If they do so, what would i say to them ???

[dalebutt]

They understand the rules, there is no requirement that both parents should have reckonable residence, one parent is sufficient. Nothing to worry about.

[Devine13]

Thanks for the reply again. Do you have any link to the page where it explains such a procedure ?

[dalebutt]

Where a parent is not a national of an EU/EEA Member State or Switzerland, the parent must have been lawfully resident in the island of Ireland for a total of three or more years during the four years immediately before the birth. (This does not include periods awaiting a decision on refugee status or residency granted specifically for the purpose of study.) The following must be provided:
•That parent's passport as well as a detailed note indicating which pages contain immigration stamps covering the reckonable periods of residence. If the passport office is unable to confirm the required three years residence from the passport, the parent will have to get a letter from the Garda National Immigration Bureau (GNIB) to confirm the reckonable periods of residence.
•That parent's registration card issued by the GNIB

Where a parent has been granted refugee status prior to the birth, there is no three year residency requirement. The following must be provided:
•That parent's passport or travel document
•The letter from the Department of Justice and Equality notifying that parent that refugee status had been granted
•That parent's registration card issued by the GNIB (if available)

Where a parent has permission to reside in Northern Ireland without any time restriction and that parent is not a national of an EU/EEA Member State or Switzerland, a certificate of nationality in respect of the child must first be obtained from the Department of Justice and Equality. The certificate and that parent's passport must be provided.

http://www.citizensinformation.ie/en/tr ... ldren.html

[Devine13]

Thanks but this link doesn't say any thing that one parent must be satisfying the requirements of the residency....Could you please be more specific .

Thanks

[dalebutt]

Thanks but this link doesn't say any thing that one parent must be satisfying the requirements of the residency....Could you please be more specific .

Thanks

I do not work at the INIS, I have given you an information which to the best of my knowledge is on point, if you are looking for a word for word guaranty you will do well to contact the naturalization department they will clarify matters for you.

My child was Irish citizen based on the mother's status and not mine.

[dalebutt]

If you carefully read the quoted notes on the previous post, it doesn't say both parents, it says parent and parent's which simply mean they are referring to one person and not mandatorily 2

[Devine13]

Cheers

[nice and smooth]

Thanks but this link doesn't say any thing that one parent must be satisfying the requirements of the residency....Could you please be more specific .

Thanks

@ Devine, Dalebutt is on point. Even if your gf just arrived in ireland a week ago as long as you are a legal resident for over three years which you are, the baby is automatically irish and your gf can apply for legal status (stamp4) under Zambrano. Stop looking for one link or the other.

[Devine13]

Thanks alot both of u, much appreciated..