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Non Eu national with Eu citizen child in Ireland

Forum to discuss all things Blarney | Ireland immigration

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Ayan
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Posts: 24
Joined: Tue Apr 19, 2011 4:46 pm

Non Eu national with Eu citizen child in Ireland

Post by Ayan » Tue Apr 19, 2011 5:17 pm

Hi All,
I am a non eu national living in Ireland. I have two sons both Eu nationals but not Irish nationals. Is it possible to get residency on behalf my eu citizen children in Ireland?? The zambrano judgement only applies to the parents of Irish citizen children or to the parents of all eu citizen children living in Ireland??
I am living together with my partner and two sons in Ireland, we are not getting any social welfare as I have full time job.
I can't get EU Fam on behalf of my partner because she is not working at the moment as she has to look after babies.
I am waiting anxiously for your helpful replies.[/b]

walrusgumble
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Posts: 1279
Joined: Sat Jan 06, 2007 5:30 am
Location: ireland

Re: Non Eu national with Eu citizen child in Ireland

Post by walrusgumble » Wed Apr 20, 2011 11:39 pm

Ayan wrote:Hi All,
I am a non eu national living in Ireland. I have two sons both Eu nationals but not Irish nationals. Is it possible to get residency on behalf my eu citizen children in Ireland?? The zambrano judgement only applies to the parents of Irish citizen children or to the parents of all eu citizen children living in Ireland??
I am living together with my partner and two sons in Ireland, we are not getting any social welfare as I have full time job.
I can't get EU Fam on behalf of my partner because she is not working at the moment as she has to look after babies.
I am waiting anxiously for your helpful replies.[/b]
go to a lawyer.it might be arguable,on basis of relationship with partner,that she is self sufficient as you are providing.ok,that does not cut it directive wise.but,ithink the british have interpreted that it does not matter where the source for s.s comes from. you could rely chen v uk can say you are ss.children in school? what is the current basis of your legal status?

cocoa123
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Posts: 39
Joined: Wed Feb 02, 2011 7:28 pm

Post by cocoa123 » Thu Apr 28, 2011 8:16 pm

I'm asking on behalf of non-EU national who is on stamp4 (not LTR) his wife is on stamp3. This couple has has 20 years old child (EU citizen, non Irrish) living with them here in Ireland. The child is a university student. The father is a 1 year stamp4 holder and is working.

The question is whether the couple eligible for EUFam stamps4 as parents of EU citizen.

walrusgumble
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Posts: 1279
Joined: Sat Jan 06, 2007 5:30 am
Location: ireland

Post by walrusgumble » Sat Apr 30, 2011 4:19 pm

cocoa123 wrote:I'm asking on behalf of non-EU national who is on stamp4 (not LTR) his wife is on stamp3. This couple has has 20 years old child (EU citizen, non Irrish) living with them here in Ireland. The child is a university student. The father is a 1 year stamp4 holder and is working.

The question is whether the couple eligible for EUFam stamps4 as parents of EU citizen.
how did the child get eu citizenship if neither parents are from eu? under zambrano the answer is no.under chen,no,as child is not a minor.child is exercising eu rights .yes if child can prove good finance to support parents

Ayan
Newly Registered
Posts: 24
Joined: Tue Apr 19, 2011 4:46 pm

Re: Non Eu national with Eu citizen child in Ireland

Post by Ayan » Sat Apr 30, 2011 6:01 pm

walrusgumble wrote:
Ayan wrote:Hi All,
I am a non eu national living in Ireland. I have two sons both Eu nationals but not Irish nationals. Is it possible to get residency on behalf my eu citizen children in Ireland?? The zambrano judgement only applies to the parents of Irish citizen children or to the parents of all eu citizen children living in Ireland??
I am living together with my partner and two sons in Ireland, we are not getting any social welfare as I have full time job.
I can't get EU Fam on behalf of my partner because she is not working at the moment as she has to look after babies.
I am waiting anxiously for your helpful replies.[/b]
go to a lawyer.it might be arguable,on basis of relationship with partner,that she is self sufficient as you are providing.ok,that does not cut it directive wise.but,ithink the british have interpreted that it does not matter where the source for s.s comes from. you could rely chen v uk can say you are ss.children in school? what is the current basis of your legal status?
My elder son is 3 yrs old and will attend play group/Nursery in September.
Currently, I don't have any legal status. I will try to get Irish passport for my younger son who is 6 months old as the mother is living in Ireland for last 4 years, but there is a problem she only work few months in Ireland and after that she is caring about my children. Is it possible to get Irish passport for my second son? what documents require to apply? I can get letter from solicitors/GP to say she is living here for last four years. It will work or not???

cocoa123
Newbie
Posts: 39
Joined: Wed Feb 02, 2011 7:28 pm

Post by cocoa123 » Sun May 01, 2011 12:03 pm

walrusgumble wrote:how did the child get eu citizenship if neither parents are from eu? under zambrano the answer is no.under chen,no,as child is not a minor.child is exercising eu rights .yes if child can prove good finance to support parents
The child was born in EU country and got the citizenship there. Whole family is living together, the father is high-skilled professional working in Ireland, the child is a student part-time working as well. Technicaly there is no problem to expose a sufficient founds to "support parents" by simple bank transfer. But in fact the parents aren't dependent as they work in Ireland and pay taxes. The question is whether the EUFam status bing given for "not dependent" parents.

walrusgumble
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Posts: 1279
Joined: Sat Jan 06, 2007 5:30 am
Location: ireland

Post by walrusgumble » Sun May 01, 2011 11:26 pm

cocoa123 wrote:
walrusgumble wrote:how did the child get eu citizenship if neither parents are from eu? under zambrano the answer is no.under chen,no,as child is not a minor.child is exercising eu rights .yes if child can prove good finance to support parents
The child was born in EU country and got the citizenship there. Whole family is living together, the father is high-skilled professional working in Ireland, the child is a student part-time working as well. Technicaly there is no problem to expose a sufficient founds to "support parents" by simple bank transfer. But in fact the parents aren't dependent as they work in Ireland and pay taxes. The question is whether the EUFam status bing given for "not dependent" parents.
although ireland might cause hassle ecj case law would be proactive and not take dependecy rule as strict.how can they after chen&zambrano?discrimination of age. talk to a lawyer.see art 3.2 of directive 2004 38 ec

walrusgumble
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Posts: 1279
Joined: Sat Jan 06, 2007 5:30 am
Location: ireland

Post by walrusgumble » Sun May 01, 2011 11:35 pm

ayan:child born in ireland? utility bills covering period of 4years,l'lords letter,gp letter outlining dates of her attendence.i don't know if see could say that she was 'legal' for 3 years as she may not have exercised her eu treaty rights for the full period.could be ok,talk to lawyer.how long you illegal?why?your working illegally?why just the youngest,what about the eldest?

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