curiousQ wrote:Is PR issuance still in practice here in Ireland ? I am in Stamp 4 and wife in Stamp 3 (dependant ) and we both are non EU nationals and expecting our child due soon. Because of reckonable residence, we believe our child could get Irish Citizenship. Question is, can we get PR assuming our child gets Irish Citizenship. I know this is not in practice anymore, but thought would ask the much knowledgable member base !!
Cheers for any help, suggestions, advise .
the fact that you will be parents of an irish citizen child on its own, wont be a
definite for permanent residency. the ibc scheme is over and the change in law ie section 6A only relates to child's entitlement to citizenship and not right to residency of parent.
however, should a general application be made, naturally you will heavily rely on it in any application or against any threat of deportation, particularily since ye will hae resided here for over three years (deportation or refusal to renew residency will probably not be something you will be fearin).
you should be ok, as permanent residency or long term residency are granted stamp 4 cards.even if the scheme on basis of ibc was granted a stamp 4 would be the prize. i would be concerned about wife (
try and get her a stamp 4)[/b so that she can work]
how long have you being in ireland? how long has your wife being here?
with regards to wife who does not have a stamp 4 ,a general application should be made for her to get stamp 4 - guts of application would rely on the fact that she is mother of irish citizen child and length of time here (have alook at finlay geoghegan's high court case of bode for very good submissions on the constitutinal and echr rights of the child (courts.ie but do not cite the case its self- just the precedent- long story) - length of time would be distinguished from the famous loebe case and more similar to fajajonu)also, your wife would rely on the fact that she is married to a stamp 4 holder.
there is a discretionary scheme for permanent residency or long term residency as its called., this will be also be put into legisaltion for the first time in the new immigration act. if you get it, as i say it will be a stamp 4 or something similar. out of interest how did you get your stamp 4?.
there is a current requirement for permanent residency like citizenship, of 60 months (5 years) recokonable residency. also there is at least a 2 year waitng list. the sheme is there to reward holders of stamp 1 (work permits)
in conclusion, you say you have a stamp 4, which may be only valid for eg 2 years. the most a permanent residency will give is 5 years and then renew. also there is a 2 + years wait. but, you already have the best type of residency a non eu/non irish national can have. you could next be looking for citizenship if you want.
as for your wife, she is not legally allowed to work. parentage of an ibc will not secure it on those grounds alone - the supreme court case of bode made this clear.
however, the grounds that she herself has legal status now in this country (although a stamp 3), parentage of an ibc, length of time here (hopefully she has being here for over 1-2 years), marriage to an stamp 4 holder, may make her case strong. make an application for stamp 4 (same card as permanent residence ie stamp 4)
what documents you need?
copy of marriage cert
copy of child's birth cert
copy of picture page of child's birth cert
copies of both your's and her passport (hopefully there it can show continous residency for at least one year)
copy of proof of residency such as bank slips, esb bills etc (try and get ones with both of your names if you can) letter from landlord, references from friends & family or members of the community(make sure no reference refers to wife working)
copy of both your stamp 4 and her stamp 3
any questions pm me
