Need information regarding Zambrano application

how long it takes for Zambrano application to be processed in ireland ? if Any one got approved !

khan24 wrote:how long it takes for Zambrano application to be processed in ireland ? if Any one got approved !

It depends on the complexity of your case

Did you submit the application as someone living within Ireland or are you presently outside the country and have submitted at the Irish embassy in your country of current residency?

I am aware that there are people waiting since "forever!" It is almost like they ignored people at this stage.

Didn't get approval but took approx 6.5 months to receive decision. And applied in Ireland.

As Adlexy says they are ignoring us. I had applied from within Ireland. They may be thinking of letting us during mass irish emigration. Patience is the only solution at this time.

mauritania wrote:Didn't get approval but took approx 6.5 months to receive decision. And applied in Ireland.

what is the decision on the Zambrano applications?

On ours it was that my partner held Spanish Residency so our child would never have to leave the union basically.

We live in dublin & applied within the state.

When did you applied Irishmigrant mind asking you ? Did you received any responce from the dept ?

I had applied in 1st of June 2011. It is very quiet till then. I didn't receive any acknowledgement as well. I do not know what they are doing?

Irishmigrant, have you not received any correspondence since the 1st of June? We did receive an acknowledgement letter and a few other letters since then up until we received decision. Have you contacted a solicitor? I would be inclined too if you are being ignored.

are you even sure that the section received your correspondence? I would advise you to write in again and enquire about the status of your application. at least you would get an acknowledgement that your application was received.

Some people are applying for judicial review to the High Court if they have been waiting 6 months +. This carries a risk of Costs being awarded against you. You may prefer to remain patient. It may speed things up to bombard them with documentation showing your relationship with the child, proof of address, letters from school, neighbours, relatives, etc.

Hi Immigration Lawyer,

Will they require from everybody who had applied for stamp 4 under Zambrano or those who had gone for Judicial review?
We are under critical situation without any decisison yet.

I would recommend everyone with a Zambrano application submit these documents.

If u have a genuine case there is no risk taking legal proceedings,especially if you are within Ireland,sure few people outside the state were granted visa late last year/early this year,even non eu spouses of Irish citizen were granted visa early this year.Check visa decisions on their website for proof.The secret is they wont take your case seriously except u use a solicitor to write them or take legal proceedings cos most applicants i know that were granted visa did the same.Best of luck

It is better to go to the judicial review by a group of applicants together and share the legal costs through a Solicitor. Like the group did in UK . They formed a HSMP forum and they won their case in 2009 or 2008. If we go by a group of applicants then it will be more powerful.

The Irish system doesn't lend itself to "class actions" in immigration cases. Most good solicitors will act for free or a small fee if they think the case has a fair chance of success, as they are likely to be awarded Costs from the Dept by the Court. The State is trying to restrict the amount of costs granted lately tho.

is anybody get stamp under (zambarano)case in the counter at gnib.

Yes, as a "change of status" if they already have permission, although I think they may be stopping/ restricting that.

mauritania wrote:On ours it was that my partner held Spanish Residency so our child would never have to leave the union basically.

Not surprised that the Government would try that angle. It is perfectly arguable too in light of the specific facts and reasoning in Zambrano and the difference of attitudes in Dercei (which is significantly different to your case - depends on how the spirit in each case is interpreted). But, the CJEU might not see it that way.

Is your Spanish partner living with you in Ireland? Couldn't you make an application on the basis of de facto relationship with partner, assuming that she still is exercising her EU rights in Ireland, and you live with her.

As you are not married, I assume that you have ticked all the boxes and ensured that ye both agreed that you would be a co legal guardian of the child and have the paper (very easy thing to do)


The child would also be entitled to Spanish Citizenship?

ImmigrationLawyer wrote:The Irish system doesn't lend itself to "class actions" in immigration cases. Most good solicitors will act for free or a small fee if they think the case has a fair chance of success, as they are likely to be awarded Costs from the Dept by the Court. The State is trying to restrict the amount of costs granted lately tho.

They can try, but what are the judges saying if it is a clear breach of law?. If you win your case you get a reasonable set of costs?

Are the courts now just putting every case in a list and wait for one test case, thus, maybe reduce costs for the others?

Morrisj wrote:If u have a genuine case there is no risk taking legal proceedings,especially if you are within Ireland,sure few people outside the state were granted visa late last year/early this year,even non eu spouses of Irish citizen were granted visa early this year.Check visa decisions on their website for proof.The secret is they wont take your case seriously except u use a solicitor to write them or take legal proceedings cos most applicants i know that were granted visa did the same.Best of luck

You are applying for a mandmas to get a decision, whether a positive or negative decision. They are very hard to get. All it does it get the court to make the minister cease in delaying in making a decision. It was a popular tool for those who were waiting on leave to remains, citizenship etc for years. They have put a stop to that.

The six month rule can be seen in the Directive 2004/38 EC. But Zambrano does not fall within that Directive. There is no other legal provision to say that a decision should be given in 6 months. So yes, there is a slight risk cost wise. Better off waiting for a small bit more.

Unless, you simply look for a declaration, and they are useless.

walrusgumble wrote:

mauritania wrote:On ours it was that my partner held Spanish Residency so our child would never have to leave the union basically.

Not surprised that the Government would try that angle. It is perfectly arguable too in light of the specific facts and reasoning in Zambrano and the difference of attitudes in Dercei (which is significantly different to your case - depends on how the spirit in each case is interpreted). But, the CJEU might not see it that way.

Is your Spanish partner living with you in Ireland? Couldn't you make an application on the basis of de facto relationship with partner, assuming that she still is exercising her EU rights in Ireland, and you live with her.

As you are not married, I assume that you have ticked all the boxes and ensured that ye both agreed that you would be a co legal guardian of the child and have the paper (very easy thing to do)


The child would also be entitled to Spanish Citizenship?

He ended up receiving stamp 3 under De Facto, but will be considered for stamp 4 shortly as we had more documentation. Either way we are currently happy that he has been permitted to stay. My partner is not Spanish - He is African with 10+years of Spanish Residency - never applied for citizenship.

mauritania wrote:

walrusgumble wrote:

mauritania wrote:On ours it was that my partner held Spanish Residency so our child would never have to leave the union basically.

Not surprised that the Government would try that angle. It is perfectly arguable too in light of the specific facts and reasoning in Zambrano and the difference of attitudes in Dercei (which is significantly different to your case - depends on how the spirit in each case is interpreted). But, the CJEU might not see it that way.

Is your Spanish partner living with you in Ireland? Couldn't you make an application on the basis of de facto relationship with partner, assuming that she still is exercising her EU rights in Ireland, and you live with her.

As you are not married, I assume that you have ticked all the boxes and ensured that ye both agreed that you would be a co legal guardian of the child and have the paper (very easy thing to do)


The child would also be entitled to Spanish Citizenship?

He ended up receiving stamp 3 under De Facto, but will be considered for stamp 4 shortly as we had more documentation. Either way we are currently happy that he has been permitted to stay. My partner is not Spanish - He is African with 10+years of Spanish Residency - never applied for citizenship.

Stamp 3? The State can't have it both ways. They clearly accepted that the partner had a case under EU law, so they must treat that partner in the same way as any other family non eu family member who gets a stamp 4 / stamp 4EU Fam. They have no grounds whatsoever to take this stance. I know de facto couples who were given an interim stamp 4

Well, that's the position for long term. I still think that the interim stamp 3 is wrong, but, maybe not worth rocking the boat.

Now that you confirmed what Residency you referred too, Not including citizenship, I do not see how the argument that you pointed out could work (If he was a Spanish citizen, I could see it work).

If he does not live in Spain anymore, his rights there, are not necessarily concrete (though long term does make it harder under Spanish law - assuming), He is not a citizen of Spain. Even if he returned to Spain, would his previous status there guarantee that he would be allowed back into Spain? He can't say that he would be guaranteed a right to return to Spain with his family, if they had to leave Ireland, or would they? (THe insurmountable obstacles argument)

If the Department are taking this attitude, which appears they are not now, there would have been nothing stopping the Minister to apply a similar criteria to a non eu parent (with no status) who is relying on Zambrano, but the other Non EU parent had, and always had legal status in Ireland, and likely to always have status.

But you are saying that they changed their attitude. Makes you wonder who is really making the decisions in the department and whether there is uniformity with policy

Any news guys anyone got approved under zambrano Application ?