us citizen overstayed visa in ireland, have child with irish

[nbrown6483]

well its along story so i get to it,

i entered ireland in august 2007 with 30 day visa im american was planning on returning home with my irish partner, (not married) when we cam here he decided he wanted to stay due to family issues so we did had the child here i was under the impression that becuase child was born to a irish citizen that we could apply for my visa to remain here. well this is what a solicitor told us, finds out he wasnt really a solicitor at all. well not a good one anyways. so i sent in my app for leave to remain on the basis that my partner was irish citizen. i rang about 1 month later to find that the app wasnt recieved so i didnt bother reapplying i know i should have but at the time was dealing with some health issues and didnt want to be issued with a depportation order on top of everything thing else that was going on. we live in a very small community so hasnt been a issue not having a valid visa. now im wanting to travel so im going to have to sort this out, does any one know of any inof that could help?

[nbrown6483]

dont think i made it clear enough that child was born in ireland.

[zafarzafar]

Hiya, alot of people have the same mis-conception that if u have an irish born child, any of the Non-EU parent would get legal status in ireland but its wrong. In 2003 in a result of a referendum it was stoped.
Now in ur case i would suggest if u wana leave ireland there would be no problem if u r leaving for US (which is ur home country). In ireland there is no out bound immigration check but i don't know if u would be asked couple of question at the arrival in US.
Secondly, i would suggest if u still wana be with ur irish partner, get married in US and make a fresh application to enter in ireland and tell them the truth that u over stayed in ireland but as a genuine person u wana go to join ur family in ireland, ur irish born babby can be an advantage for u at this stage.
Best of luck and feel free to ask any further question.
Regards
Zafar

[ca.funke]

Hi nbrown6483,

if I get it right

• you are American (female)
• your partner is Irish (male)
• yee are not married
• and you have a common child

IMHO the situation is as follows:

• Since the dad is Irish, the child is Irish.
• Since the mother (you) is US-American, the child is also US-American.
• Make sure to apply for both passports for the child, which will make life for the child much easier later
• The child may remain in Ireland anyway, since it is Irish.
• Unfortunately I have no clue what´s the scenario for you, since 2004/38/EC does not apply. Someone with knowledge of national Irish rules must answer this.

Good luck!

[kabuki]

In ireland there is no out bound immigration check but i don't know if u would be asked couple of question at the arrival in US.

Actually there are immigration checks at the airport when travelling from Dublin to the US. You go through US immigration at the airport and not once you arrive in the US.

As the above poster states, you should be sure to register your child's birth in the US if you haven't already. This will ensure the child is eligible to apply for both a US and Irish passport.

I would seek the help of a lawyer. I would ask around for some advice on who to contact as you don't want to get screwed over. You may be required to marry and go to the US first and then apply for entry as the wife of an Irish national. However, it may be possible to apply for a partner visa through the defacto relationship law. This requires at least 2 years of living together and the child will help this application as well. However, I'm not sure how your status will effect the outcome. However, you will eventually need to get this cleared up.

I would suggest checking out the following site:
http://www.immigrantcouncil.ie/services_legal.php

[JAJ]

Hi nbrown6483,

if I get it right

• you are American (female)
• your partner is Irish (male)
• yee are not married
• and you have a common child

IMHO the situation is as follows:

• Since the dad is Irish, the child is Irish.
• Since the mother (you) is US-American, the child is also US-American.
• Make sure to apply for both passports for the child, which will make life for the child much easier later
• The child may remain in Ireland anyway, since it is Irish.
• Unfortunately I have no clue what´s the scenario for you, since 2004/38/EC does not apply. Someone with knowledge of national Irish rules must answer this.

Good luck!

Child is only an American citizen if the US parent has spent 5 years in the USA, 2 of which after age 14.