pls contribute

Can someone pls explain this to me.
Can a non eu parent of Irish child(child holding Irish passport) involk Zambrano rulling in another eu contry, even though their Irish child was born in Ireland not i that member state?.

Thanks

The Zambrano ruling was a child living in the country of which it was a national of so I dont think you can invoke rights from that if living in another country other than Ireland.

However, you can apply for EUFAM on the basis that your child is a citizen of the union and is living in another member state.

You could also invoke the Zambrano ruling if you are living in Ireland.

However, you can apply for EUFAM on the basis that your child is a citizen of the union and is living in another member state.

I'm non EU citizen and I have 2 Irish Child who born in Ireland.

Is the previous quote means that, I can apply for Eufam4 in UK while my Irish born child is living in Ireland?
Aslo will that EUfam4 enable me of working in UK?

No, the right is based on you being with the child and in loco parentis to the child, and the child being dependent on you. If you are not living with the child then I don't think you can apply for residency based on the child.

Monifé wrote:The Zambrano ruling was a child living in the country of which it was a national of so I dont think you can invoke rights from that if living in another country other than Ireland.

However, you can apply for EUFAM on the basis that your child is a citizen of the union and is living in another member state.

You could also invoke the Zambrano ruling if you are living in Ireland.

What if the child has dual nationality because one of her parents is from the other eu member state, eg a child born in Ireland by a British parent, the child has Irish passport and also British passport, would her non eu parent be able to invoke Zambrano ruling in uk.

daddy wrote:What if the child has dual nationality because one of her parents is from the other eu member state, eg a child born in Ireland by a British parent, the child has Irish passport and also British passport, would her non eu parent be able to invoke Zambrano ruling in uk.

Yes it is possible. This is a very new area of the law though and we dont know how the Irish courts or DOJ are going to handle it.

DoJ are going to play hardball first, piss up a wee bit of tax payers money in unsuccessful court cases and after loosing couple of cases and spending thousands and putting families in unnecessary duress they go back to their offices with their tails between their legs and then implement the EU ruling and drag their heels in decisions stating workloads.

http://www.irishtimes.com/newspaper/ire ... 85591.html


[quote] Mothers seek return of deported spouses after court ruling

THE MOTHERS of several Irish citizen children have called on the Government to facilitate their husbands’ speedy return to the country following their deportation. Many were failed asylum seekers, while others had circumvented immigration rules.The request follows this week’s ruling in the European Court of Justice, Europe’s highest court, that the non-European Union parents of an EU citizen child must be allowed to live and work in that EU state so as not to deprive them of the rights of EU citizenship.

Halyna Ivasiv, a mother of three young children, said yesterday the State should return her Nigerian husband, Pantaeleon Agbath, as soon as possible to allow them to live as a family in Tralee, Co Kerry. She has three children, Jessica (6), Emily (3) and Jonathan (2). Jessica was born in March 2004, when any child born in Ireland had a right to Irish citizenship. This automatic right was removed in June 2004. Jonathan is an Irish citizen because Ms Ivasiv had resided lawfully in Ireland for four years before his birth. Emily did not qualify for Irish citizenship. Her husband was deported in February. “We have been together for nine years and married in April 2007 when he came to Ireland,â€

fatty patty wrote:DoJ are going to play hardball first, piss up a wee bit of tax payers money in unsuccessful court cases and after loosing couple of cases and spending thousands and putting families in unnecessary duress they go back to their offices with their tails between their legs and then implement the EU ruling and drag their heels in decisions stating workloads.

This is an accurate description - too true! would be hilarious if we weren't all paying for it.