Visa is expiring but is having an Irish Child

[ladychai]

I am a non-eu citizen living in Ireland as a volunteer for almost a year now. It is very unfortunate that I got pregnant by an Irish man and now the organization that I am currently affiliated with will no longer renew my visa because of what had happened to me and would have difficulty exercising my task once the baby is born. The father of my child and I have no plans of cohabitating as we are not a couple. He, however, committed to give our child Irish citizenship and child support and made this known to all the heads of my organization. My challenge is that my visa will expire a few days before my child is born. I have contacted Irish Human Rights Commision hoping to shed some light regarding how I can extend my visa so as I can have my child born here in Ireland and so that me and the father can do the necessary paperworks. I was devastated to know that the only way I can have a visa extension is if I am still a volunteer as that is how I got in Ireland in the first place.



From the email they sent me, they provided me with the following information:

Persons who are in the State as lay volunteers currently hold immigration Stamp 3:



Those persons who were lawfully present in the State prior to 1 January 2011 can have their permission to remain in Ireland renewed for a further 12 months when it next comes up for renewal. Subject to meeting the conditions in paragraph 2 below, only persons in this category will be given a further 12 months renewal of their immigration permission for subsequent years.

In order to renew immigration permission the persons concerned must meet all of the following conditions:

(a) The person is continuing only to perform duties as a lay volunteer for which he/she was initially allowed to enter the State. It should be noted by the person concerned that employment outside of the sponsoring organisation i.e. in the general labour market is not permitted.

(b) The person has not been and will not be an undue burden on the State. A person who is not in receipt of financial or other relevant support from their sponsoring organisation or is not financially independent may be refused further permission to remain.

(c) The person has private medical insurance to cover him/herself. The medical insurance cover may be taken out personally by the person concerned or be part of a group scheme organised by the sponsoring organisation.

(d) The person is fully supported by the sponsoring organisation from the point of view of their needs in the State e.g. for accommodation, finance and general upkeep.

(e) There are no concerns about the person in terms of an adverse Garda record or other concerns related to national security, public security, public order or public policy ("ordre public").â€

[Muttsnuts]

[quote="ladychai"]I am a non-eu citizen living in Ireland as a volunteer for almost a year now. It is very unfortunate that I got pregnant by an Irish man and now the organization that I am currently affiliated with will no longer renew my visa because of what had happened to me and would have difficulty exercising my task once the baby is born. The father of my child and I have no plans of cohabitating as we are not a couple. He, however, committed to give our child Irish citizenship and child support and made this known to all the heads of my organization. My challenge is that my visa will expire a few days before my child is born. I have contacted Irish Human Rights Commision hoping to shed some light regarding how I can extend my visa so as I can have my child born here in Ireland and so that me and the father can do the necessary paperworks. I was devastated to know that the only way I can have a visa extension is if I am still a volunteer as that is how I got in Ireland in the first place.



From the email they sent me, they provided me with the following information:

Persons who are in the State as lay volunteers currently hold immigration Stamp 3:



Those persons who were lawfully present in the State prior to 1 January 2011 can have their permission to remain in Ireland renewed for a further 12 months when it next comes up for renewal. Subject to meeting the conditions in paragraph 2 below, only persons in this category will be given a further 12 months renewal of their immigration permission for subsequent years.

In order to renew immigration permission the persons concerned must meet all of the following conditions:

(a) The person is continuing only to perform duties as a lay volunteer for which he/she was initially allowed to enter the State. It should be noted by the person concerned that employment outside of the sponsoring organisation i.e. in the general labour market is not permitted.

(b) The person has not been and will not be an undue burden on the State. A person who is not in receipt of financial or other relevant support from their sponsoring organisation or is not financially independent may be refused further permission to remain.

(c) The person has private medical insurance to cover him/herself. The medical insurance cover may be taken out personally by the person concerned or be part of a group scheme organised by the sponsoring organisation.

(d) The person is fully supported by the sponsoring organisation from the point of view of their needs in the State e.g. for accommodation, finance and general upkeep.

(e) There are no concerns about the person in terms of an adverse Garda record or other concerns related to national security, public security, public order or public policy ("ordre public").â€

[ladychai]

Thank you very much for this information. I am a bit concerned with becoming undocumented though but I trust that that is how it works and I hope that I will be able to get a new stamp for my child's sake.

[fatty patty]

you are in a very good position as the previous poster suggested make sure that father's name (irish citizen) goes in the birth cert and apply for the child's passport straightaway. from what i gather on the boards the documentations are passport (applicant and their irish child), birth cert, house bills, and father's passport etc. if he can show in the GNIB office that he is playing role that would be ideal but if not then it is not the end of the world.

[riseen]

The Zambrano case and parents of Irish citizen children

Posted on June 15, 2011
On 8 March 2011 the European Court of Justice (ECJ) ruled in the Zambrano case C 34/09, that an EU member state may not refuse the non-EU parents of a dependent child who is a citizen of, and resident in, an EU member state the right to live and work in that member state.

The Department of Justice and Equality is reviewing the cases of non-EEA parents of Irish citizen minor children which may meet the criteria specified in the Zambrano case. If they meet the Zambrano criteria, the non-EEA parents may be given permission to live and work in Ireland without the requirement for an employment permit or business permission.

Non-EEA nationals with a stamp 2 or stamp 3 permission to remain in Ireland who think they meet the criteria specified in the Zambrano case can apply at their local Garda registration office. They should bring documents such as birth certificates and proof of residency with them. If they meet the criteria, their immigration status may be changed to a stamp 4 permission which will allow them to live and work in Ireland without the need for an employment permit. If the immigration officer refuses to change their status to a stamp 4, the non-EEA national should write to the Repatriation Division of the Irish Naturalisation and Immigration Service as described below.

A non-EEA national who does not have a current permission to remain in Ireland and who wishes to request a review of their case under the terms of the Zambrano judgement should write to the Repatriation Division, Irish Naturalisation and Immigration Service, Department of Justice and Equality, 13-14 Burgh Quay, Dublin 2 and include the following documents:

A colour copy of the bio-data page of the Irish citizen child’s passport (the page with personal details and photo)

· The Irish citizen child’s original birth certificate – a copy is not acceptable.

· A colour copy of the bio-data page of the applicant’s own passport.

· Two colour passport-sized photographs, signed on the back by the applicant.

· A copy of the applicant’s current GNIB certificate of registration (if applicable)

· Documentary evidence that the Irish citizen child is living in the State.

· Proof of the applicant’s address and residence in Ireland (e.g. current utility bills etc).

· Documentary evidence of the role the applicant is playing in his/her child’s life (e.g. letters from schools, crèches, etc).

· Any other information that the applicant considers relevant to his/her case.

In addition, an applicant must provide answers to the following questions:

· Has he/she ever been convicted of a criminal offence in the State or abroad? If so, he/she must provide specific details.

· Are there any charges pending against him/her in the State or abroad? If so, he/she must provide details.

In some cases, DNA evidence of a biological link to the Irish citizen child or children may also be required. Once a decision has been made, that decision and the consequences of the decision will be notified in writing to the persons concerned.

Parents of Irish citizen children who were previously removed from the State by deportation order, and who wish to now re-enter the State to reside with their Irish citizen child or children, may now seek a revocation of that deportation order. Those subject to deportation orders should apply in writing to the Repatriation Division of INIS as set out above, specifying their desire to have the deportation order lifted to enable them to re-enter the State.

Those parents of Irish citizen children who reside outside of Ireland but were never deported from the State now have the option of entering the State to reside and work. If they are visa required, they must apply online for a visa – check our document on visa requirements for entering Ireland.

[ladychai]

I got my extension after applying for it in the Central Immigration as per advised by the local immigration. The letter states that I am granted permission to remain on a Stamp 3 conditions for a period of one year from the expiry of my current permission to remain as an exceptional measure.

As far as I know Stamp 3 visas does not only entail volunteer visa as per reference in INIS: http://www.inis.gov.ie/en/INIS/Pages/Stamps but my organization believes that this letter only implies a renewal of my volunteer visa.

If the letter from the central immigration is in fact just a renewal of my volunteer visa this would put the organization I am currently affiliated with in jeopardy as they are supposed to sponsor only people who have intentions to volunteer and not like my case wherein I am pregnant and have already expressed no intentions of volunteering with them after my visa expires since we have already talked about it and it was proposed that I do not continue as a volunteer. This was the reason why I find the need to contact the immigration in the first place, I need an extension of my visa since the organization I am currently affiliated with will no longer continue sponsoring me.

Given this circumstances, my organization felt the need to limit my stay here in ireland to ensure that they are not violating any law by letting me stay for two months after the birth of my child to cover my stay with the unplanned pregnancy facility. This limitation also limits my options on making proper decisions with regard to document processing e.g child's birth certificate, child's passport, paternity test, child support proceeding, my application for the stamp 4 eu fam should I decide to stay here in ireland and if I decide to go back to my country I woud have to register my child in our embassy which is based in UK so she can also have my citizenship and stay in my country for more than 90 days.

I have contacted Europa.eu as well and they said that I should be allowed to stay in the country on human rights grounds without being attached to the organization I am affiliated with however they advised that I should liased myself with INIS since my case is local to Ireland.