Applying Permanent Residency Card (4 EU FAM)

[Reetu]

Hai there

I am new to this site and requesting somebody's proper advise in the above matter.

I am an Indian citizen and been in Ireland on Depandant Visa since Feb'2006. my first 1 &1/2 year in Ireland was on with Stamp-3 visa and then i got job on sep'2007 with spousal work permit and since then my stamp changed to Stamp-1. So in total i have completed 5 years residence in Ireland.

First what i want to know whether can i apply for PR on my own based my residency? will it accountable the time i have been with Stamp-3 and Stamp1 together? Once i got PR will it exempt me from the requirement of work permit to work and what type of visa will i get, is it Stamp-4 or 3? Or do i need to wait until Sep'12 to complete five years periods with Stamp-1? Please advise

The 2nd part, my child is Irish national born recently. As a father of Irish national, can i apply for residence card (4 EU FAM) which might be exempted from the requrirement of work permit to work? If i can apply according new EU Treaty rights, please advise me with step-step by guides on how to proceed? thanks

[fatty patty]

Hai there

I am new to this site and requesting somebody's proper advise in the above matter.

I am an Indian citizen and been in Ireland on Depandant Visa since Feb'2006. my first 1 &1/2 year in Ireland was on with Stamp-3 visa and then i got job on sep'2007 with spousal work permit and since then my stamp changed to Stamp-1. So in total i have completed 5 years residence in Ireland.

First what i want to know whether can i apply for PR on my own based my residency? will it accountable the time i have been with Stamp-3 and Stamp1 together? Once i got PR will it exempt me from the requirement of work permit to work and what type of visa will i get, is it Stamp-4 or 3? Or do i need to wait until Sep'12 to complete five years periods with Stamp-1? Please advise

The 2nd part, my child is Irish national born recently. As a father of Irish national, can i apply for residence card (4 EU FAM) which might be exempted from the requrirement of work permit to work? If i can apply according new EU Treaty rights, please advise me with step-step by guides on how to proceed? thanks

You might qualify for LTR imho see link below

http://www.inis.gov.ie/en/INIS/Pages/Lo ... _Residency

EU FAM4 is given to non-EU spouses or dependents of EU citizens who are exercising their treaty rights for e.g. Indian spouse of a Polish citizen working in Ireland. Although there is a judgment passed in EU court called Zambrano ruling which infact stating that non-EU parents of EU citizen who are undocumented should be given the work permit so watch that space its all very early stages on this one. But do check out the LTR link.

http://curia.europa.eu/jcms/upload/docs ... 0016en.pdf

[Reetu]

what type of visa will i get if i am applying for PR Visa now based on my residency (Stamp-3 plus Stamp-4)? Is it Stamp-3 needing work permit or Stamp-4 ? Please advise.

In regards to 4 EU FAM, the application itself giving an option to apply as parent of european citizen for Residency card.

thanks

[fatty patty]

Hi Reetu, it is stamp 4 imho. Yes it does state on the form that this is EU but it does not apply to local Irish citizen (only if they exercised treaty rights elsewhere in EU). Since your child is a minor and born Irish citizen you will not qualify for EUFAM4 on his basis. If others wants to add to this...

[strongbow]

Hai there

I am new to this site and requesting somebody's proper advise in the above matter.

I am an Indian citizen and been in Ireland on Depandant Visa since Feb'2006. my first 1 &1/2 year in Ireland was on with Stamp-3 visa and then i got job on sep'2007 with spousal work permit and since then my stamp changed to Stamp-1. So in total i have completed 5 years residence in Ireland.

First what i want to know whether can i apply for PR on my own based my residency? will it accountable the time i have been with Stamp-3 and Stamp1 together? Once i got PR will it exempt me from the requirement of work permit to work and what type of visa will i get, is it Stamp-4 or 3? Or do i need to wait until Sep'12 to complete five years periods with Stamp-1? Please advise

Like others have said here you will qualify for LTR based on the fact that you were either on stamp 1 of stamp 3 for 5 full years here. The new stamp that you will get once you obtain LTR will be stamp 4.

The 2nd part, my child is Irish national born recently. As a father of Irish national, can i apply for residence card (4 EU FAM) which might be exempted from the requrirement of work permit to work? If i can apply according new EU Treaty rights, please advise me with step-step by guides on how to proceed? thanks

Unless your spouse is an EU national (which I dont think is your case) you will not be eligible for 4EUFAM card.

[daddy]

Hai there

I am new to this site and requesting somebody's proper advise in the above matter.

I am an Indian citizen and been in Ireland on Depandant Visa since Feb'2006. my first 1 &1/2 year in Ireland was on with Stamp-3 visa and then i got job on sep'2007 with spousal work permit and since then my stamp changed to Stamp-1. So in total i have completed 5 years residence in Ireland.

First what i want to know whether can i apply for PR on my own based my residency? will it accountable the time i have been with Stamp-3 and Stamp1 together? Once i got PR will it exempt me from the requirement of work permit to work and what type of visa will i get, is it Stamp-4 or 3? Or do i need to wait until Sep'12 to complete five years periods with Stamp-1? Please advise

The 2nd part, my child is Irish national born recently. As a father of Irish national, can i apply for residence card (4 EU FAM) which might be exempted from the requrirement of work permit to work? If i can apply according new EU Treaty rights, please advise me with step-step by guides on how to proceed? thanks

You might qualify for LTR imho see link below

http://www.inis.gov.ie/en/INIS/Pages/Lo ... _Residency

EU FAM4 is given to non-EU spouses or dependents of EU citizens who are exercising their treaty rights for e.g. Indian spouse of a Polish citizen working in Ireland. Although there is a judgment passed in EU court called Zambrano ruling which infact stating that non-EU parents of EU citizen who are undocumented should be given the work permit so watch that space its all very early stages on this one. But do check out the LTR link.

http://curia.europa.eu/jcms/upload/docs ... 0016en.pdf

Fatty patty can you pls explain this to me. Can a non eu parent of Irish child(child holding Irish passport) involk Zambrano rulling in another eu contry, even though their Irish child was born in Ireland not i that member state?.

[strongbow]

Hai there

I am new to this site and requesting somebody's proper advise in the above matter.

I am an Indian citizen and been in Ireland on Depandant Visa since Feb'2006. my first 1 &1/2 year in Ireland was on with Stamp-3 visa and then i got job on sep'2007 with spousal work permit and since then my stamp changed to Stamp-1. So in total i have completed 5 years residence in Ireland.

First what i want to know whether can i apply for PR on my own based my residency? will it accountable the time i have been with Stamp-3 and Stamp1 together? Once i got PR will it exempt me from the requirement of work permit to work and what type of visa will i get, is it Stamp-4 or 3? Or do i need to wait until Sep'12 to complete five years periods with Stamp-1? Please advise

The 2nd part, my child is Irish national born recently. As a father of Irish national, can i apply for residence card (4 EU FAM) which might be exempted from the requrirement of work permit to work? If i can apply according new EU Treaty rights, please advise me with step-step by guides on how to proceed? thanks

You might qualify for LTR imho see link below

http://www.inis.gov.ie/en/INIS/Pages/Lo ... _Residency

EU FAM4 is given to non-EU spouses or dependents of EU citizens who are exercising their treaty rights for e.g. Indian spouse of a Polish citizen working in Ireland. Although there is a judgment passed in EU court called Zambrano ruling which infact stating that non-EU parents of EU citizen who are undocumented should be given the work permit so watch that space its all very early stages on this one. But do check out the LTR link.

http://curia.europa.eu/jcms/upload/docs ... 0016en.pdf

Fatty patty can you pls explain this to me. Can a non eu parent of Irish child(child holding Irish passport) involk Zambrano rulling in another eu contry, even though their Irish child was born in Ireland not i that member state?.

The situation you describe above is captured in the Chen case. I'm not sure of the implementation of this in other countries (except UK)
[ref: http://en.wikipedia.org/wiki/Chen_case ]

[Reetu]

Hi Reetu, it is stamp 4 imho. Yes it does state on the form that this is EU but it does not apply to local Irish citizen (only if they exercised treaty rights elsewhere in EU). Since your child is a minor and born Irish citizen you will not qualify for EUFAM4 on his basis. If others wants to add to this...

Thanks for your reply

So, in conclusion i can't apply for Stamp 4 EU FAM residency card, here in Ireland for me as a parent of minor Irish Citizen, evenif the said Form giving an option.

So, i will go with LTR. But still i have a doubt. Do i need to wait until Sep'12, when i will complete 5 years on Stamp-1? Or else can i apply now? because i have completed five years already, first 1 & 1/2 years with Stamp-3 and then from Sep'07 with Stamp-1. So if i am applying now for LTR, could i get Stamp-4 visa which would exempt me from the requirement of work permit. Kindly advise

thanks

[9jeirean]

Hai there

I am new to this site and requesting somebody's proper advise in the above matter.

I am an Indian citizen and been in Ireland on Depandant Visa since Feb'2006. my first 1 &1/2 year in Ireland was on with Stamp-3 visa and then i got job on sep'2007 with spousal work permit and since then my stamp changed to Stamp-1. So in total i have completed 5 years residence in Ireland.

First what i want to know whether can i apply for PR on my own based my residency? will it accountable the time i have been with Stamp-3 and Stamp1 together? Once i got PR will it exempt me from the requirement of work permit to work and what type of visa will i get, is it Stamp-4 or 3? Or do i need to wait until Sep'12 to complete five years periods with Stamp-1? Please advise

The 2nd part, my child is Irish national born recently. As a father of Irish national, can i apply for residence card (4 EU FAM) which might be exempted from the requrirement of work permit to work? If i can apply according new EU Treaty rights, please advise me with step-step by guides on how to proceed? thanks

@Reetu:

There are a few things I think need to be clarified here. I know it may all sound very confusing but here's where I think you are at:

1) First what i want to know whether can i apply for PR on my own based my residency?: First off, there's currently no provision for PR within the existing Irish immigration system based solely on residency in Ireland. The only category of people who get PR in Ireland at the moment do so on the basis of EU Treaty right. However, you may be entitled to what the INIS currently refers to Long Term Residency LTR, which is a 5 years residency (Stamp 4), renewable for another 5 years and so on. For you to e eligible for this solely on the basis of your on residency, you need to have accumulated 5 years on either Work permit (Stamp 1 or the defunct work visa/authorization scheme) http://www.inis.gov.ie/en/INIS/Pages/Lo ... _Residency Based on the info you presented, you will become eligible by next year.

2) The 2nd part, my child is Irish national born recently. As a father of Irish national, can i apply for residence card (4 EU FAM) which might be: As others have pointed out, he recent Sambrano ruling might very well change a lot f things vis~a~vis rights of parents of EU citizens and by extension parents of Irish citizens. However, to the best of my knowledge, there are till clarifications to be made and such have to be transposed into law in Ireland for anyone to be able to invoke that. So as Fatty Patty said: watch the space.

Good luck.

9jeirean

[Reetu]

There are a few things I think need to be clarified here. I know it may all sound very confusing but here's where I think you are at:

1) First what i want to know whether can i apply for PR on my own based my residency?: First off, there's currently no provision for PR within the existing Irish immigration system based solely on residency in Ireland. The only category of people who get PR in Ireland at the moment do so on the basis of EU Treaty right. However, you may be entitled to what the INIS currently refers to Long Term Residency LTR, which is a 5 years residency (Stamp 4), renewable for another 5 years and so on. For you to e eligible for this solely on the basis of your on residency, you need to have accumulated 5 years on either Work permit (Stamp 1 or the defunct work visa/authorization scheme) http://www.inis.gov.ie/en/INIS/Pages/Lo ... _Residency Based on the info you presented, you will become eligible by next year.

2) The 2nd part, my child is Irish national born recently. As a father of Irish national, can i apply for residence card (4 EU FAM) which might be: As others have pointed out, he recent Sambrano ruling might very well change a lot f things vis~a~vis rights of parents of EU citizens and by extension parents of Irish citizens. However, to the best of my knowledge, there are till clarifications to be made and such have to be transposed into law in Ireland for anyone to be able to invoke that. So as Fatty Patty said: watch the space.

Good luck.

9jeirean[/quote]

Sorry for again

I have been in Ireland from Feb'2006 means on Feb'11, i have completed 5 years in Ireland. My initial 1 & 1/2 years was on with Stamp-3 visa (Depandant Visa) and then from Sep'07, i got a job with Spousal work permit and my stamp changed to Stamp-1. So as it states, after completion of five years residency period, i can apply for LTR for five years and will stamp-4 visa which allow me work without work permit or take up any job. So, because of my initial 1 & 1/2 years was with Stamp-3, can i apply for LTR now or do i need to wait until Sep'12 when i will complete five years on stamp-1 without the periods of my stamp-3 residency period. I am in much confusion when i can apply for LTR, now or Sep'12? Kindly advise. thanks

[9jeirean]

Sorry for again

I have been in Ireland from Feb'2006 means on Feb'11, i have completed 5 years in Ireland. My initial 1 & 1/2 years was on with Stamp-3 visa (Depandant Visa) and then from Sep'07, i got a job with Spousal work permit and my stamp changed to Stamp-1. So as it states, after completion of five years residency period, i can apply for LTR for five years and will stamp-4 visa which allow me work without work permit or take up any job. So, because of my initial 1 & 1/2 years was with Stamp-3, can i apply for LTR now or do i need to wait until Sep'12 when i will complete five years on stamp-1 without the periods of my stamp-3 residency period. I am in much confusion when i can apply for LTR, now or Sep'12? Kindly advise. thanks

For you to be eligible for stamp 4 LTR based on your own residency, you need to have been on stamp 1/work permit for 5 years. The initial period when you were on Spousal/Dependant stamp 3 would not count towards your LTR.

You will however be eligible to apply for Naturalization straight away. So if you haven't done so, you may apply for naturalization now.


Good luck

9jeirean

[Reetu]

Sorry for again

I have been in Ireland from Feb'2006 means on Feb'11, i have completed 5 years in Ireland. My initial 1 & 1/2 years was on with Stamp-3 visa (Depandant Visa) and then from Sep'07, i got a job with Spousal work permit and my stamp changed to Stamp-1. So as it states, after completion of five years residency period, i can apply for LTR for five years and will stamp-4 visa which allow me work without work permit or take up any job. So, because of my initial 1 & 1/2 years was with Stamp-3, can i apply for LTR now or do i need to wait until Sep'12 when i will complete five years on stamp-1 without the periods of my stamp-3 residency period. I am in much confusion when i can apply for LTR, now or Sep'12? Kindly advise. thanks

For you to be eligible for stamp 4 LTR based on your own residency, you need to have been on stamp 1/work permit for 5 years. The initial period when you were on Spousal/Dependant stamp 3 would not count towards your LTR.

You will however be eligible to apply for Naturalization straight away. So if you haven't done so, you may apply for naturalization now.


Good luck

9jeirean

Isn't it? can i apply for Irish citizenship now? If it so, that would be fine and i will soon file my application. thanks

[Reetu]

Sorry for again

I have been in Ireland from Feb'2006 means on Feb'11, i have completed 5 years in Ireland. My initial 1 & 1/2 years was on with Stamp-3 visa (Depandant Visa) and then from Sep'07, i got a job with Spousal work permit and my stamp changed to Stamp-1. So as it states, after completion of five years residency period, i can apply for LTR for five years and will stamp-4 visa which allow me work without work permit or take up any job. So, because of my initial 1 & 1/2 years was with Stamp-3, can i apply for LTR now or do i need to wait until Sep'12 when i will complete five years on stamp-1 without the periods of my stamp-3 residency period. I am in much confusion when i can apply for LTR, now or Sep'12? Kindly advise. thanks

For you to be eligible for stamp 4 LTR based on your own residency, you need to have been on stamp 1/work permit for 5 years. The initial period when you were on Spousal/Dependant stamp 3 would not count towards your LTR.

You will however be eligible to apply for Naturalization straight away. So if you haven't done so, you may apply for naturalization now.


Good luck

9jeirean

Again a small doubt

Applying for Naturalization, will it count my initial residency period when i was on Spousal/Dependant Stamp-3, please advise. thanks

[9jeirean]

Again a small doubt

Applying for Naturalization, will it count my initial residency period when i was on Spousal/Dependant Stamp-3, please advise. thanks

All of your residency period will count towards naturalization (Both stamp 3 and stamp 1 periods will count) so you can apply for naturalization now, but for LTR, you will have to wait until you have 5 years on stamp 1.

9jeirean

[Reetu]

The Justice minister Allan Shatter TD has agreed to implement the recent European court judment in Ireland which will enable non eu parents of minor Irish citizen can get Reisidency card on this basis. His statement clearly indicating that he is directing to all related section of department to implement it. So, with a view of this what is the best possibility for me to get Residency card (Stamp-4 EU FAM) because my child is Irish citizen. How can i apply for this? Are there any specific kind of forms? Or else is that enough like just in writing my detailed living history in ireland with Passport copies of my child/ birth certificate.

Kindly advise

[Reetu]

somebody please advise.

thanks