A landmark case in 2011 'Zambrano' introduced a scheme where a non-EU parent of an Irish born child living in Ireland could be granted residency.
To see if your situation might qualify as a 'Zambrano' case the following information will help you to consider your situation. We have extensive experience in these cases and may be able to help depending on your case.
Historical basis - Zambrano
In March 2011 the European Court of Justice made a landmark finding that for a Member State to refuse to grant residency to a third country national with dependent minor EU citizen child living in the EU, amounted to a breach of Article 20 of the Treaty on the Functioning of the European Union.
Residency for parent of Irish born child
As a response, the Irish Department of Justice and Equality introduced an administrative scheme where a non-EU parent of an Irish born dependent citizen child living in Ireland could be granted residency here on a ‘stamp 4’ basis.
While this can be a straight forward matter for some people to prove; complexities can often arise i.e if the parent or the child has left the EU, where the ‘child’ has reached 18 or where there has been a separation between the parents of the child.
Considerations which may affect your case
If the parent of the Irish Citizen child has a permission to remain in Ireland , such as the holder of a work permit, they can apply at their local immigration registration office to change their status and upgrade to a ‘stamp 4’ upon production of the appropriate evidence (birth certificate and Irish passport of the child).
If the parent has no permission to remain in Ireland or lives outside Ireland they must file a written application/ visa application. This application must set out in detail their relationship and support of their Irish citizen child.
We can assist with preparing the application, advising on the necessary supporting documents and the requirements of the Department of Justice and Equality.