Dependant of non-eea married to irish spouse

[tiredmum]

I am a non-eu married to my irish spouse for 6 years. I have a 19 year old son living with us in Ireland since he was 14. I applied for citizenship in December 2009 (still waiting).. my question is regarding my son. He was on a stamp 2 due to being a minor and has now completed his studies. He is living with me as my dependent and cannot apply for citizenship due to being a student (time not taken into account as being resident - just a student). I know this is a stupid question, but would he not be able to apply for citizenship as he was not a 'child of a student'?..immigration is very confusing and frustrating. IS there no other way of getting him permanent residency? or does he have to wait until i am naturalised? Even if i get citizenship, will he stand any chance as he has no work record or no money of his own. Also, he has 2 irish siblings. Any advice would be greatly appreciated.

[fatty patty]

I am a non-eu married to my irish spouse for 6 years. I have a 19 year old son living with us in Ireland since he was 14. I applied for citizenship in December 2009 (still waiting).. my question is regarding my son. He was on a stamp 2 due to being a minor and has now completed his studies. He is living with me as my dependent and cannot apply for citizenship due to being a student (time not taken into account as being resident - just a student). I know this is a stupid question, but would he not be able to apply for citizenship as he was not a 'child of a student'?..immigration is very confusing and frustrating. IS there no other way of getting him permanent residency? or does he have to wait until i am naturalised? Even if i get citizenship, will he stand any chance as he has no work record or no money of his own. Also, he has 2 irish siblings. Any advice would be greatly appreciated.

Since your son is over 18 he will be judged on his own merits, which means normal adult rules of naturalisation applies. Even if you get the Irish citizenship it will not have any bearing on his case. You mentioned that he has Irish children, if he is a partner of an Irish citizen he can apply to INIS for stamp 4 being a spouse of Irish citizen.

[tiredmum]

I am a non-eu married to my irish spouse for 6 years. I have a 19 year old son living with us in Ireland since he was 14. I applied for citizenship in December 2009 (still waiting).. my question is regarding my son. He was on a stamp 2 due to being a minor and has now completed his studies. He is living with me as my dependent and cannot apply for citizenship due to being a student (time not taken into account as being resident - just a student). I know this is a stupid question, but would he not be able to apply for citizenship as he was not a 'child of a student'?..immigration is very confusing and frustrating. IS there no other way of getting him permanent residency? or does he have to wait until i am naturalised? Even if i get citizenship, will he stand any chance as he has no work record or no money of his own. Also, he has 2 irish siblings. Any advice would be greatly appreciated.

Since your son is over 18 he will be judged on his own merits, which means normal adult rules of naturalisation applies. Even if you get the Irish citizenship it will not have any bearing on his case. You mentioned that he has Irish children, if he is a partner of an Irish citizen he can apply to INIS for stamp 4 being a spouse of Irish citizen.

Thanks for the reply. My son is living with us as my dependent. He has 2 sisters who was born in Ireland. We all live together with my Irish spouse. Would he not qualify for permanent residency based on living with his Irish step-father? I am not familiar with the way immigration works. He has been living with us since coming to Ireland over 5 years ago.

[agniukas]

your son may be able to apply to general immigration as a dependant of his irish step dad. he would qualify for stamp 3. maybe even stamp 4. but at least that would be reckonable for citizenship in the future.

[tiredmum]

your son may be able to apply to general immigration as a dependant of his irish step dad. he would qualify for stamp 3. maybe even stamp 4. but at least that would be reckonable for citizenship in the future.

Thank you very much for your response. Can I ask what forms I have to get to do this? I have been to our local immigration officer and she can't help much. All she says is that we are in a catch-22-situation. She does not deal with these kind of situations as we live in a small community. He can't apply for citizenship because he was classed as a student. Now he is finished with school he can't do much of anything. I really would appreciate any advice given.

[agniukas]

if your immigration officer did not want to give him stamp 3 as a dependant, you can write in to General Immigration, INIS, Burgh Quay, Dublin 2. write a cover note as to what you want, include copies of GNIB cards, passports, marriage cert, your irish husband's passport copy. when they are processing the application they will request any additional docs that they need. make sure to write that the application is on the basis of a dependant of the irish national.

[ImmigrationLawyer]

He should apply to General Immigration for change of status to stamp 4, stressing that he is no longer working and wants to find a job. A written job offer would assist. He should also apply for naturalisation on the basis that the previous time spent on Stamp 2 was reckonable. The Dept's policy, as I understand it, is to accept the time in such situations as reckonable (ie the same as the parents upon whom the child was dependent).