Eu living in Ireland. Is my daughter going to be Irish?

[Kimboz]

Hi all,
I'd be grateful for some help on Irish legislation on children born in Ireland from both parents EU nationals, residing in Ireland for less than 3 years.

I tried to read the law http://www.inis.gov.ie/en/INIS/Act2004. ... ct2004.pdf, but it's beyond my understanding. I can see it mentions EU and Swiss nationals for some reason, but I fail to see why.

Thank You for the help
Andrea

[tom4]

You might try reading this...

http://www.inis.gov.ie/Website/inis-en. ... penElement

especially Sections 6, 6A & 6B.

It is a consolidation of all the laws, whereas what you read was just the act to amend the law.

I don't know much about this particular situation because it doesn't affect me, but it's all there in black and white.

I hope it helps.

[Ben]

Hi all,
I'd be grateful for some help on Irish legislation on children born in Ireland from both parents EU nationals, residing in Ireland for less than 3 years

Hi Kimboz,

The child will not be an Irish citizen, unless either parent is British or has ILR in the UK..

[Kimboz]

thanks to all those who took the time to help me with the issue.
I have found the reading of this law quite hard to follow (bureucratic language is always incomprehensible!)
http://www.inis.gov.ie/en/INIS/Informat ... 030309.pdf
But I seem to understand that if both parents have unlimited residency rights in Ireland, the point that states that at least one of the parents has to reside 3 out of 4 years prior to the baby birth in Ireland, should not apply....

Or maybe I just can't understand it.

Does anyone have familiarity with this document?
Thank You
Andrea

[Ben]

But I seem to understand that if both parents have unlimited residency rights in Ireland, the point that states that at least one of the parents has to reside 3 out of 4 years prior to the baby birth in Ireland, should not apply....

This is correct. But, you mentioned that the parents are both EU nationals, who have been resident in Ireland for less than three years. This means that the parents have not yet acquired PR, and thus their residency rights in Ireland are not "unlimited".

At present, the parents' right to reside in Ireland is dependant on their exercising a Treaty right in Ireland / being the family member of a person who is exercising a Treaty right in Ireland.

To reiterate - in cases where the parents have been resident in Ireland for less than three years, a child is an Irish citizen from birth, if born to a parent who is either him/herself an Irish citizen, a British citizen, or a citizen of a third country who has an unrestricted right to reside in the UK or Ireland.

[Kimboz]

Thank you very much for your point.

I think I understand what You mean, although I read at page 5-6 of the document...

4.—The Principal Act is amended by the insertion of the following
sections:
‘‘Entitlement 6A.—(1) A person born in the island of Ireland
to Irish shall not be entitled to be an Irish citizen unless a citizenship of persons born parent of that person has, during the period of 4
to certain years immediately preceding the person’s birth,
non- been resident in the island of Ireland for a period
nationals. of not less than 3 years or periods the aggregate
of which is not less than 3 years.
(2) This section does not apply to—
[...]
(d) a person born in the island of Ireland—
(i) to parents at least one of whom was
at the time of the person’s birth a
person entitled to reside in the
State without any restriction on
his or her period of residence
(including in accordance with a
permission granted under section
4 of the Act of 2004)

which, according to me, indicates all EU nationals, as we are entitled to reside in Ireland withouth any restriction (we in fact, do not own any kind of permit or need a passport to live here)

[JAJ]

To reiterate - in cases where the parents have been resident in Ireland for less than three years, a child is an Irish citizen from birth, if born to a parent who is either him/herself an Irish citizen, a British citizen, or a citizen of a third country who has an unrestricted right to reside in the UK or Ireland.

Resident in Ireland or Northern Ireland.

The Republic of Ireland does not usually give permanent residence immediately, except to certain persons admitted as refugees.

PR is available under the EEA channels after 5 years but most people who get this have already met the 3/4 year residence criterion for their child to be a citizen.

If parent meets the 3 year residence rule after the child is born, there is no automatic "upgrade" of the child to Irish citizenship. Child must become a naturalised Irish citizen, usually at the same time as a parent.

[Ben]

which, according to me, indicates all EU nationals, as we are entitled to reside in Ireland withouth any restriction (we in fact, do not own any kind of permit or need a passport to live here)

This is incorrect.

Only after 5 years of residing in Ireland while exercising a Treaty right, will an EU national be entitled to reside in Ireland without resitriction. That is, he or she will become a Permanent Resident.

Until then, the right of an EU national to reside in Ireland is dependant in him or her exercising a Treaty right in Ireland / being the family member of a person who is exercising a Treaty right in Ireland.

[Kimboz]

...a
person entitled to reside in the
State without any restriction on
his or her period of residence...
4 of the Act of 2004)

This means that I am not entitled to reside in Ireland without restriction on my period of residence??
This sounds very new, I thought I did not have this kind of restriction

cheers

[Ben]

...a
person entitled to reside in the
State without any restriction on
his or her period of residence...
4 of the Act of 2004)

This means that I am not entitled to reside in Ireland without restriction on my period of residence??
This sounds very new, I thought I did not have this kind of restriction

cheers

Please see the following Articles of Directive 2004/38/EC:

1. Union citizens shall have the right of residence on the territory of another Member State for a
period of up to three months without any conditions or any formalities other than the requirement to
hold a valid identity card or passport.

Right of residence for more than three months
1. All Union citizens shall have the right of residence on the territory of another Member State for
a period of longer than three months if they:
(a) are workers or self-employed persons in the host Member State; or
(b) have sufficient resources for themselves and their family members not to become a burden on
the social assistance system of the host Member State during their period of residence and
have comprehensive sickness insurance cover in the host Member State; or
(c) – are enrolled at a private or public establishment, accredited or financed by the host
Member State on the basis of its legislation or administrative practice, for the principal
purpose of following a course of study, including vocational training; and
– have comprehensive sickness insurance cover in the host Member State and assure the
relevant national authority, by means of a declaration or by such equivalent means as
they may choose, that they have sufficient resources for themselves and their family
members not to become a burden on the social assistance system of the host Member
State during their period of residence; or
(d) are family members accompanying or joining a Union citizen who satisfies the conditions
referred to in points (a), (b) or (c).

1. Union citizens who have resided legally for a continuous period of five years in the host
Member State shall have the right of permanent residence there. This right shall not be subject to
the conditions provided for in Chapter III.

(Articles 6 and 7 are within Chaper III).