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Naturalisation of non-EU child of unmarried parents living apart

Forum to discuss all things Blarney | Ireland immigration

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Jordans
Junior Member
Posts: 60
Joined: Mon Jan 29, 2018 2:41 pm
Ireland

Naturalisation of non-EU child of unmarried parents living apart

Post by Jordans » Fri Jun 02, 2023 6:10 am

Good morning all,

Here's a quick story: my son's classmate (non-EU, born after 2006) is the child of unmarried parents living apart. Thankfully both of them are on his birth cert. The mother is also non-EU. The father has received his naturalisation cert at the most recent citizenship ceremony, and naturally the mother wants him to apply for naturalisation on behalf of their son. The father thinks that she's the sole guardian of her son because he doesn't live with them, and that the application will be rejected after the department finds out they don't live at the same address. The application (Form 9) assumes that the parent and child live together but the father wants to be honest and specify different addresses, not really sure why. Question to the mighty forum: is it grand? Will this application be successful? Any speculation's most welcome.

meself2
Moderator
Posts: 3246
Joined: Mon Sep 06, 2021 4:10 pm
Ireland

Re: Naturalisation of non-EU child of unmarried parents living apart

Post by meself2 » Fri Jun 02, 2023 8:22 am

How long has the child lived in Ireland? As "classmate" is mentioned, I would assume child is more than five, so maybe it's safer to apply via Form 11?
Jordans wrote:
Fri Jun 02, 2023 6:10 am
The father thinks that she's the sole guardian of her son because he doesn't live with them, and that the application will be rejected after the department finds out they don't live at the same address.
Technically, to prove sole guardianship, it's usually expected to have legal document confirming it, like a court order.
Jordans wrote:
Fri Jun 02, 2023 6:10 am
but the father wants to be honest and specify different addresses, not really sure why.
His call, but the question is how would that be added to the form? Just squeeze two addresses in one box?
Child naturalization applications take extremely long (see post2109893.html#p2109893 for example); I feel like this situation might complicate things further.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

Jordans
Junior Member
Posts: 60
Joined: Mon Jan 29, 2018 2:41 pm
Ireland

Re: Naturalisation of non-EU child of unmarried parents living apart

Post by Jordans » Fri Jun 02, 2023 9:01 am

meself2 wrote:
Fri Jun 02, 2023 8:22 am
How long has the child lived in Ireland? As "classmate" is mentioned, I would assume child is more than five, so maybe it's safer to apply via Form 11?
Unfortunately Form 11 doesn't apply because the child's place of birth isn't Ireland.
Jordans wrote:
Fri Jun 02, 2023 6:10 am
Technically, to prove sole guardianship, it's usually expected to have legal document confirming it, like a court order.
There's an information booklet for unmarried fathers saying that a father does not have automatic guardianship rights at the time of a child's birth even if his name is on his child's birth certificate. Furthermore, only a father cohabiting with the mother of his child may acquire automatic guardianship rights (where the parents live together for a least twelve months, including not less than three months after the child’s birth). So it appears that the father isn't a guardian because he lived and continues to live separately from the mother. Does this arrangement take away his ability to apply for naturalisation on behalf of his son?

Jordans
Junior Member
Posts: 60
Joined: Mon Jan 29, 2018 2:41 pm
Ireland

Re: Naturalisation of non-EU child of unmarried parents living apart

Post by Jordans » Fri Jun 02, 2023 10:51 am

Update: In search for answers the mother contacted TREOIR who said it's an issue best discussed with the helpline of ICI. What ICI said makes total sense: naturalisation takes into account descent, so the fact that the father doesn't live with the child shouldn't matter as long as he has parental rights. It does need to be explained in the cover letter though, with the father's home address featured on the letter and the child's address on the form itself. They've seen cases like that and while these aren't standard and could take more time to be processed, it is advised to apply with as much supporting documentation as possible (suggestions to include father-child photos, joint travel bookings, if any, evidence of father paying maintenance, if any, school fees/camps/afterschool activities, if any) to show the relationship between them is going on.

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