Post
by Brigid from Ireland » Thu Oct 24, 2013 9:46 pm
If the EU citizen is Irish and the mother gives birth in Ireland, she will be allowed to stay with her child.
The rule in Ireland is that if a non-EU parent and an Irish parent give birth in Ireland, their child gains Irish citizenship from the Irish parent. The non-EU parent can then make an application to stay in Ireland with their Irish citizen child (this is called a Zambrano application) and this is always granted (unless the non-EU parent in a danger to society, like a criminal convicted of a very serious offence). The position of the parents regarding marriage is not important in Ireland, in cases where they have a child together. The child must be an Irish citizen, which is why the EU parent needs to be Irish.
If the EU citizen is not Irish he can move to Ireland and his wife and child can travel with him. He must find a job within three months and continue to work in Ireland. His non-EU wife and children can stay in Ireland with him so long as he continues to work. After 5 years his non EU wife can apply for Irish citizenship and will usuallly get it, so long as she is not convicted of any crimes/not getting social welfare assistance payments.
BL