VISA/Family Permit for Parents and Family of EU Citizen.

[draneeta]

Thanks for your support.

[Directive/2004/38/EC]

In Oct' 2006, High Court of Irish Republic also said that Dept. of Justice has treated us unlawfully, and breached the law. Government appealed against High Court Decision to Supreme Court, but we don't know how much time it will take.

I am impressed that you have taken this to court and have taken it so far! It must be a lot of work and a lot of worry!

You probably know more about Irish law and EU law at this point than anyone on this group.

Has the EU been at all involved with your court cases? Have they had any advice for you?

[Administrator]

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I'm rather confused by your description.

Initially, by your wording, I thought your child was a citizen-by-birth of the Republic of Ireland.

Upon correction by Directive/2004/38/EC & a more careful read, quite clearly your child is a citizen of the United Kingdom.

You then attempted to apply for residency in the Republic of Ireland based upon your childs' UK citizenship.

That application made on that basis was denied.

And, it seems that it was a correct decision, as you do not seem to have an EU family permit at this time.

Logically, the free travel treaty rights granted by the EU would implicitly apply to a person with some free will & desire to travel, something that is difficult to attribute to a 5-month old infant. Even so, free travel rights do not automatically provide work and permanent residency rights to family members. Those have to be applied for and granted, as demonstrated by the fact that you had to make your own application.

I admit I cannot answer the details of these questions but, logically, it seems you needed your EU family permits granted first and then you could free travel and register to work and reside in any EU country.

You mention your status as highly skilled, and I am curious if you have some job offer/work permit, or if you qualify under the Irish 'green card.'

Since you haven't cited the specific Irish and EU laws and clauses of the Irish Constitution that you are maintaining have been violated, it's rather difficult to analyze.

The Admin

[JAJ]

.

I'm rather confused by your description.

Initially, by your wording, I thought your child was a citizen-by-birth of the Republic of Ireland.

Upon correction by Directive/2004/38/EC & a more careful read, quite clearly your child is a citizen of the United Kingdom.

The child is not a British citizen as neither parent is a British citizen or permanent resident. However, under the Irish law as applied pre-1.1.05 birth in Northern Ireland is sufficient to create an entitlement to Irish citizenship.

I suspect they are trying to make use of the Chen ruling:
http://en.wikipedia.org/wiki/Chen_case

[John]

Admin, I am not sure that is right. The child will not be British by birth, because neither parent has UK ILR. Under under Irish law applying when the child was born (and since changed) the child born in Northern Ireland automatically became an Irish Citizen from birth.

draneeta, I too congratulate you on your persistence in this matter. But as Directive/2004/38/EC suggests, it is probable that your knowledge of these matters is better than the great majority of members of this Board.

[joesoap101]

The Irish constitution protects the right to family life i.e the Irish born child is entitled to live in Ireland with the protection of his/her parents. There is a scheme to allow for this but it seems that you have not met their residence criteria. Some of the details of the scheme implemented by the government can be found here http://www.justice.ie/80256E010039C5AF/ ... Q6XXMZA-en

Although that relates to renewals of permission already granted under this scheme. It seems that your only option is to wait on the supreme court ruling on this matter. The fact remains that ALL Irish citizens, however that citizenship is aquired, is entitled to live in Ireland (with their family)- according to the constitution at least. But unfortunately Ireland has deemed it appropriate to deport its own citizens so nothing shocks me anymore!

Oh and as a side note, your qualifications as a doctor should make it very easy to remain in Ireland on the basis of a green card permit.

[draneeta]

Thanks for your support.

[joesoap101]

You most definitely need a green card permit if you are a medical doctor. The work visa/authorisation scheme to which you refer no longer exists. Any application by you for a future employment permit is likely to be refused because you have to give details regarding previous permission to remain refusals issued by the dept of Justice. Ironically, if you had gone the 'regular' route as apposed to applying as the parent of an Irish-born child you would not have been in this situation.