Stamp4FAM application

[Kaapsehoop]

Hi There, I am an Irish Citizen through Naturalisation and would like my son who is 24 to join us. He was unable to immigrate when we moved to Ireland in 2001 as he was in the custody of his mother (divorced) and now that he has finished school and university he wants to live with me and our family.
He arrived in Ireland on 24 December 2012 and I began the process in contacting INIS by email to find out which forms to use as there were none for this situation on their website. After a number of letters from INIS requesting further information each time, we were finally told in late August that his application had been turned down.
Does anyone know what I can do to appeal this and what information I need to furnish as I cannot have him go back to South Africa where he has no work while here he has been offered a fantastic position but cannot take it up?

[immigrant411]

Hi There, I am an Irish Citizen through Naturalisation and would like my son who is 24 to join us. He was unable to immigrate when we moved to Ireland in 2001 as he was in the custody of his mother (divorced) and now that he has finished school and university he wants to live with me and our family.
He arrived in Ireland on 24 December 2012 and I began the process in contacting INIS by email to find out which forms to use as there were none for this situation on their website. After a number of letters from INIS requesting further information each time, we were finally told in late August that his application had been turned down.
Does anyone know what I can do to appeal this and what information I need to furnish as I cannot have him go back to South Africa where he has no work while here he has been offered a fantastic position but cannot take it up?

Hi Kaapsehoop, i have similar case of yours, my parents are here in Ireland since a month and half on a visit visa for three months, I am looking for a way to get them residecny here as dependent on me, I can prove they dont have others to support or income, but didnt find any suitable form or application for this case.
can I ask what application you applied and INIS turned down? do you have any advice?

[Kaapsehoop]

Hi Immigrant411,
I would suggest going to the GNIB offices first and register asking for a stamp4 if you have not already done so. Depending on what they say, Form EU1 Application for a Residence Card should also help you with your application.
Good Luck!!!!! I do not think you should have too much issue with a parental request.

[Brigid from Ireland]

The best remaining option is to try to get a study visa for your son. This may permit him to work 20 hours per week, so then he might be able to take the job, if they are satisfied with a part time worker.

The problem is that people on a study visa acquire no right to citizenship or permanent residence, but it gives him a short term right to work part tiime while you appeal the other refusal.

Truth is that this is one of the most difficult cases to win - he is old enough to work (not elderly and dependent because of old age) so it is very hard to show he is dependent on you.

[Kaapsehoop]

Hi Brigid,
Thanks for this. I have been told by others that this is possibly the best way forward.
My issue is the defenition of 'dependent' and when one is no longer a dependent and the age associated with this. I cannot seem to find any law where it states that at 18 you are no longer a dependent. It is very loosely defined as the Statute Book also talks about the age of 23.
So if a child is 23 and finished college, according to these rules (not laws), the parent is no longer responsible for them and they should fend for themselves.
Does anyone have any information on this and when a child is no longer a dependent?

[Brigid from Ireland]

21 was the age of majority until about 30 years ago. It changed to 18 around the year 1985.

Dependency is a different concept to the legal age of majority. Dependency of a child may continue in Irish law for the whole life of the child, but usually only in cases where the child is handicapped. This is why dependency is not defined by age.

I successfully argued with an Irish government department that a child was 'dependent' at the age of 26 years because he had the mental age of a six month old infant and could not walk/talk... (The department in question was not happy, as the favourable decision was going to cost about 100 thousand euro per year for the life of the young man in question)!!

If you divorce you are usually required to pay child maintenance until the child is 18, or 23 if in full time education to the age of 23, or for the life of the child if the child is disabled (and if you can afford to pay).

I think welfare consider the child dependent on the parents until the age of 25 years, in terms of means testing for jobseekers allowance. Once the child is over 25 years he is means tested on his own income only, before that his parents income is also counted. So this may be a favourable point to make when you appeal the decision for your son - that he is considered dependent by the Dept Soc. Protection.

Another favourable point which you may want to make is that you have a right to family life, and that as you are getting older you will in the future (not at present) need support from your son in your old age, and that you have a right to this support. I would be inclined to strengthen this arguement by pointing out that you are a member of a minority religious faith and that in old age you will need support from a son who shares your religious faith.

[Kaapsehoop]

HI Brigid,
Thank you very much for this very informative bit of information.
I will add these points and strengthen them to the appeal letter.
Kind regards,
Kaapshoop