Malaysian Mother of Irish Child ILR

ahussa · Post by **ahussa** » Wed May 01, 2013 1:30 pm

Hi,

Malaysian Child born in Ireland and has Irish Passport.

Is this child able to live anywhere in the UK? Does it have Legal Residence?

Has mother who is Malaysian National, who can she regularise her stay in the UK on basis of her child who has Irish Passport?

Whatis confusing is the fact that Ireland is not part of the European Economic Area.

jeupsy · Post by **jeupsy** » Wed May 01, 2013 1:57 pm

Ireland is part of the European Economic Area.

As an Irish national, the child should have no restriction to be in the UK, and that right should extend to both parents.

I don't knpw the details of British immigration laws though. Probably you would be better off posting your question here as there should be more knowlegeable people about this: http://www.immigrationboards.com/viewforum.php?f=45

barnaby · Post by **barnaby** » Wed May 01, 2013 2:03 pm

This might be relevant: http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/.

ahussa · Post by **ahussa** » Wed May 01, 2013 2:36 pm

yes but Ireland is not on the list it is Republic of Ireland.

Secondly, if the parent is to apply for residence on the basis of the child then what application should she be submitting?

jeupsy · Post by **jeupsy** » Wed May 01, 2013 2:50 pm

The should be able to apply for a residence card for a family member of an EU citizen (the link barnaby provided).

What do you mean by Ireland is not on the list? Either he was born in the Republic of Ireland and he is a citizen of the Republic of Ireland, or he was born in Northern Ireland and he is a citizen of either the UK, the Republic of Ireland, or both. In any case this makes him a citizen of an EEA country (though if he only is a British citizen, immigration laws will be more restrictive).

ahussa · Post by **ahussa** » Wed May 01, 2013 3:18 pm

it says on his passport EIRE. SO what does that make him?

Secondly, application was made on basis of Ruiz Zambrano. UKBA refused that saying the applicant i.e mother must demonstrate that they are the sole carer of a dependent british citizen with no other right of residence in the uk and removing them from the UK would mean the british citizen would also have to leave the european union.

Post by **EUsmileWEallsmile** » Wed May 01, 2013 7:59 pm

The member state is referred to as Ireland. The passport was issued by that member state.

Post by **EUsmileWEallsmile** » Wed May 01, 2013 8:08 pm

I note you have another thread on this subject, please continue there.

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Malaysian Mother of Irish Child ILR

Malaysian Mother of Irish Child ILR

Re: Malaysian Mother of Irish Child ILR