Parent of Irish Citizen
From the 1st October 2015 all new applications for permission to remain in the State on the basis of parentage of an Irish Citizen Child from a Non-EEA parent who does not have existing immigration permission must be submitted on the Irish Citizen Child Application Form to Residence Unit 4, INIS, 13/14 Burgh Quay, Dublin 2.
- A person who has existing immigration permission in the State (stamp 1 or 2 or 3) can attend their local immigration office to apply to upgrade their permission to a stamp 4. Stamp 4 will only be issued if the registration office is satisfied by the evidence provided by the applicant, the relationship history and the validity of the documentation presented.
- If the registered office is not satisfied with any of these they will refer the person to the INIS Residence Division for further examination.
- A person who has existing immigration permission and believes they fulfil the criteria of the Zambrano Judgment should attend their local Immigration Registration Office and have the following documentation in their possession:
- their own Passport,
- their current Irish Residence Permit (IRP) or GNIB Card,
- their child’s Irish Passport,
- their child’s Birth Certificate
- documentary evidence of their address in the State
- documentary evidence of the child’s address in the State (eg doctors letter or school letter)
The Irish citizen child must attend with his/her parent(s) on this occasion. Where such persons are found to satisfy the Zambrano criteria, then, all other things being equal, their status will be upgraded to Stamp 4 conditions. However, in circumstances where the Registration Office is not satisfied that a person meets the Zambrano criteria, the case will be referred back to the INIS Residence Division for further examination.
Applications for a right to reside and work in this State will be considered in respect of Non-EEA parents of an Irish Citizen child. Such applications will be examined on a case by case basis having regard to the individual circumstances and information set out in the application form.
Important to note that this permission to remain in the State is granted to applicants subject to the result of enquiries as to whether applicants have obeyed the laws of the State or been convicted of any offence and have not been involved in criminal activity. In the event that information comes to the attention of the Minister which is relevant to the granting of permission to remain to applicants, she may re-consider this status in the State and may revoke this permission. In the event that this occurs, she may propose to deport applicants from the State. Without offering a complete list of types of information that may lead her to do so, they include the following:
- Information that shows that applicants have not complied with these conditions,
- The information which relates to applicants character or conduct, including criminal convictions,
- The information which indicates that applicants have failed to register as required,
- The information indicates that applicants have provided misleading or inaccurate information to the Minister or to other authorities of the State.
- This is not an exhaustive list of the grounds on which the Minister may revoke permission to be in the State.
