Irish Citizen,Chinese Partner, 17Month old Irish daughter

I am Irish and my Chinese partner on stamp 2 and I have a 17 month old Irish citizen daughter.
Applied for Stamp 4 under both Parent of Irish citizen child but both times we were given permission to remain on stamp 2 until December 2010.
Its my understanding that under EU law she has the right to be issued stamp 4 at this stage. (even our local immigration officer was surprised we did not get it)

Does any one have any information as talking to INIS is not very productive.

(we will get married in the future but cannot at the moment)

Thanks

JayT wrote:I am Irish and my Chinese partner on stamp 2 and I have a 17 month old Irish citizen daughter.
Applied for Stamp 4 under both Parent of Irish citizen child but both times we were given permission to remain on stamp 2 until December 2010.
Its my understanding that under EU law she has the right to be issued stamp 4 at this stage. (even our local immigration officer was surprised we did not get it)

Does any one have any information as talking to INIS is not very productive.

(we will get married in the future but cannot at the moment)

Thanks

EU Law does not apply in youre case as you are Irish and living in Ireland. As such Irish law applies to youre case. You can go by EU law if you were living in another EU state except for your own.

In your case, it is only Irish immigration laws that apply since you're an Irish national residing in Ireland. EU treaty legislation would apply if you were an EU national living in Ireland or if you were residing in another EU country.

Poking around on the INIS site, the fact that your partner is the mother of an Irish-born child does not confer the right to residency. The only possible route to a Stamp 4 is to get married ASAP. http://www.inis.gov.ie/en/INIS/Pages/WP07000024

Edit: A de facto relationship with an Irish national does not exempt the non-EEA national from work permit regulations. Sorry, the ONLY way to get a Stamp 4 is to get married: http://www.inis.gov.ie/en/INIS/Pages/WP07000278 .

Thanks for that. I was also thinking of the right of the child to have her mother with her. We have lived together for 4 years and have plenty of proof to support a de facto relationship.

I think this has only recently come in but may serve as very interesting reading for you.

De Facto Relationships with an Irish National

Non EEA nationals who wish to remain the State and are in a de facto relationship with an Irish National must be in a position to provide evidence of a durable attested relationship of at least 2 years. The following documents must be provided to General Immigration, INIS, 13-14 Burgh Quay, Dublin 2
Copies of current passports of both parties.
Evidence of finances of both parties
Evidence of relationship of at least 2 years duration (i.e. tenancy agreement, utility bills, bank statements, etc)

Subject to the immigration status of the non EEA national permission to remain may granted. This permission will exempt the non EEA National form work permit condition.
The above is not an exhaustive list, and you may be asked for additional documentation in support of your application

http://www.inis.gov.ie/en/INIS/Pages/WP07000278

Good evening Guys,
This thread is a very interesting one, complex, like walking in “swampy lowlandsâ€

you can try and make an application under de facto relationship with irish national. I heard of a few cases, where the non-EU spouse received stamp 4, but I wouldn't know the details. There are certain requirements that need to be passed, so maybe your partner will be lucky and will get stamp 4. At least you will try. The more docs you supply the better your case will be. I believe people are sending in photos, etc. Good luck.
At least that would be an option if you are not ready to get married yet.

If the reason you cannot get married is because you are waiting for an Irish divorce (at least a 4 year process) then perhaps think about the following things assuming you are on good terms:

1) Is your Spouse Irish? If not they can apply for a divorce in their own country and is applicable for you here. For example if I split up from my husband, I as an Australian citizen can process it in Australia and it 'works' for both of us.

2) Has your spouse moved and are a permanent resident elsewhere, ie the UK, or even the North. If you are 'normally' resident in another country you can apply for a divorce there and again it will work for you.

What you cannot do is apply for a divorce in a country that neither you or your spouse have any connection to ie Mexico (unless of course you).

Of course though if you are both Irish and are not on civil terms, you are going to have to keep waiting.

Good Luck with it all.

If you want to move to another EU country, including NI, then you have an option of using the Chen decision. See http://eumovement.wordpress.com/2007/02/09/chen-case/ (Actually it looks some of the links on this page are no longer valid. But http://en.wikipedia.org/wiki/Chen_case is there)

For what it is worth, there is also an information page from the immigrant council http://www.immigrantcouncil.ie/pdf/1208 ... _dec08.pdf

Chen would be a possibility if the non-EU parent wanted to live in another EU Member State, with the child, but without the partner - the EU parent. If, however, the 3-person family were to move (as an entire unit) to Northern Ireland, standard EEA regs apply (no need for Chen).

Should the family wish to remain in Ireland then - unless the child or the Irish parent has access to a second EEA citizenship - Irish national rules apply. See links provided by esharknz.

Thanks for all the help
We are off to burgh quay tomorrow to see what happens
Will keep you posted

I knew my situation was not unusual.....Im irish, my gilfriend is Chilean. She is 2 months pregnant with my child, lives in Chile..me in Ireland. We are trying to decide to have the baby in Ireland. Is it possible that she can come over when 4-5 months pregnant, have our child and then return?? even if this goes beyond the 90 days??? Is it possibel to get an extension on the 90 days? We have not been together for the 2 years so cant be classed as a defacto relationship. I will marry her but it cant happen for at least 6 months. (she's waiting on a divorce to come true..yes i know how to complicate things!). She has been her before and obeyed the 90 day rule. It is possible that she could have the baby withing the 90 days again and return home (a bit tight). At this point i could then go to Chile and marry her. What will our status be then? an i enter with her and our child and apply for a longer visa? Any help would be appreciated.

Thanks