Zambrano

how to change your status from EU fam to zambrano stamp 4? would that be possible or is that possible? My marriage is not working out and I don't want to rely anymore on my EU wife. Is it possible to change my stamp to zambrano? obviously I have 8months Irish citizen baby girl. help please.

Tdianecamara wrote:how to change your status from EU fam to zambrano stamp 4? would that be possible or is that possible? My marriage is not working out and I don't want to rely anymore on my EU wife. Is it possible to change my stamp to zambrano? obviously I have 8months Irish citizen baby girl. help please.

I think that its not too difficult, but i hope some people here will help you with info, keep faith.
Daddy

I has a similar question where i wanted to move from zambrano stamp 4 to spouse of irish citizen stamp 4. Although I haven't done that, here is what the garda officer told me:

when you are up for renewal - renew it based on the new basis. In your case, just get all the documents required and apply for renewal based on Zambrano ruling. If the Garda officer was correct - that should work.

note: Some officers want to see the kid with you when you go for renewal of your stamp.

My stamp 4 EU fam runs out on April 2013 and is it possible to change my 4 EU fam to Zambrano stamp 4? because Im divorcing my wife and i take 3 months for the process to be completed (mediation). And dont want to rely on my wife anymore. Guys your help will be helpful. Thank you.

Tdianecamara wrote:My stamp 4 EU fam runs out on April 2013 and is it possible to change my 4 EU fam to Zambrano stamp 4? because Im divorcing my wife and i take 3 months for the process to be completed (mediation). And dont want to rely on my wife anymore. Guys your help will be helpful. Thank you.

Hello Tdianecamara,

I don't see how you will be able to make a switch at this time. As advised in previous post, the Garda is correct, you can change it at the next point when you have to renew the permit.

However, as in your instance the issue is divorce, according to the EU Directive, you may be able to renew your permit on your own personal rights. Usually very positive if you are already working and you then get a stamp 4.

But on a critical level, why are you trying to change to Zambrano? I think you may run into troubled waters using that route. The Zambrano ruling is based on the perception that you will stay with the child and family (responsibility). Except you mean that your wife will be handing the baby to you - which I very much doubt, otherwise, I will suggest that you focus on getting a renewed permit next year on the basis of your personal rights. As stated previously, usually not an issue if you are working and already living in the EU member state.

You may want to study the EU Directive, which states inter alia that:

(15) Family members should be legally safeguarded in the event of the death of the Union citizen, divorce, annulment of marriage or termination of a registered partnership. With due regard for family life and human dignity, and in certain conditions to guard against abuse, measures should therefore be taken to ensure that in such circumstances family members already residing within the territory of the host Member State retain their right of residence exclusively on a personal basis.

And also read through the Directive and especially Article 13:

http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF


All the best

Why not just make the application now to the Repatriation Unit? It can't hurt. I have been seeing cases lately where a person has been refused a change of status at the GNIB based on an Irish child - they have been told they must make a full application to Repatriation, INIS.

does anyone really know how long it takes to get the residency permit applied for on the basis of Zambrano judgement? I have applied, no acknowledgment was given as per receipt of my application. I have sent two more letters requesting acknowledgment, yet no response.

I also want to know if there is a phone number i can call or email address i can use to contact them and at the same time track my application.

Overall it seems to take 6 months - one year. I had one recently where there was a delay as the Department was doing a check with the social welfare system. The mother had been claiming One Parent Family and she shouldn't have been.

https://www.gov.uk/government/publicati ... 11-to-2013

This table below shows the number of Zambrano applications, broken down by case-type, received from 1 March 2011 to 30 September 2013 (which is the latest date for which figures are available).

The case-types are split by case outcomes, including cases refused and cases granted. Cases which are still are still awaiting a decision come under the ‘pending’ category.

Figures have been rounded to the nearest 5 (- = 0, * = 1 or 2) and may not sum to the totals shown because of independent rounding.

Case-type Granted Refused Rejected Other Pending Total
EEA Zambrano 95 1170 1725 105 780 3875
EEA - Zambrano - Direct Family Member 20 185 40 45 570 860
EEA - Zambrano - Extended Family Member - 15 5 10 95 125
EEA - Zambrano - Spouse/Civil Partner - 5 * 5 25 35
TOTAL 115 1375 1770 165 1470 4895

those figures seem to be for the UK, wouldn't be relevant to Irish Dept Justice processing times.

No, but it would be good to know if Ireland published the same figures and how they compare to the UK