please help us- can we stay together in ireland

[stevenstacy]

I am a british citizen married to a US citizen for nearly a year,we are expecting a newborn
Son next month, and i have 2 beautiful step daughters ages 6 and 9.
I am being deported this march due to an overstay in 2009.
I have been working here in the US and earned $21,000 so far this year.
I have a job offer in the uk. Its enough financially, but because
I have not earned enough here in the US we cant apply for family visas.
Because of our newborn son we dont want to be parted.
A family visitor visa to the UK will mean my wife and children
And newborn will have to return.

As an EU national can we apply for Ireland.
Are we ok to visit the uk first to see my family who i havent seen
In 5 years.

I would like to keep my family together and im wondering is
The surinder singh route an option for us.

Please can.someone help us.

[jbminger]

Where are you currently living?

Where are you being deported from?

[stevenstacy]

Currently living in the United states and being deported from the United states

[chaoclive]

Yes; you can apply for an entry visa for your family to travel to Ireland with you as a British citizen. Find a job and work for a while, then return to the UK under Surinder Singh.

No problem with returning to the UK first (Americans obviously don't need visas to enter the UK as a visitor).

Your spouse and family would be applying via the nearest Irish Embassy. The standard documents required are: all your passports (including yours), your marriage certificate/birth certificates to prove their relationship to you and a letter stating that you would be travelling together. You might want to contact the Irish Embassy to see what else they require for this kind of visa. Some people will say that it's not necessary for them to get visa as they are non-visa required nationals. I'm not sure about this point - hope someone else will come to address this issue.

Also: are you of Irish descent? Grandfather/grandmother/father/mother from Ireland? If so, you could also look into getting an Irish passport and applying for an Irish spouse visa for your partner to enter Ireland with you. The requirements are not as strict as the UK spouse visa but processing can take a while.

Why not get British passports for your children before you leave the USA? I'm guessing this should be a simple process and they are entitled if you are a British citizen (unless by descent).

The first thing I would do is to seek out the closest Irish Embassy, call/email them to ask about any specific requirements they have for the visa as a spouse of an EEA national.

I realize that not all of the info above will be relevant to you. Please pick and choose the parts that apply to your situation.

[stevenstacy]

Thank you so much for your help....thank you

[Brigid from Ireland]

'A child born in the island of Ireland on or after 1 January 2005 is entitled to Irish citizenship if they have a British parent or a parent who is entitled to live in Northern Ireland or the Irish State without restriction on their residency.'

To the best of my knowledge the above rule has not changed. It means that if your pregnant wife travels to Ireland BEFORE the birth, and gives birth in Ireland, she becomes the parent of an Irish citizen child. As such, she can make an application to remain on the basis of being a parent of a citizen under Zambrano rule - this is always granted, unless the person has been convicted of a VERY serious crime. Northern Ireland is included in this rule, so that would be the best location for her to give birth.

Alternatively you can both travel to Ireland, and if you get work, she can apply for EUFAM stamp - the difficulty with this is that it requires you to continue to work.

The other possible problem is that the US parent of your step children may refuse to allow them to leave the US.

One question - if your wife gives birth in the US, do you gain any right to remain there as the parent of a US citizen child?