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Zambrano Application

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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tiwa
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Joined: Mon Mar 05, 2012 9:50 am

Zambrano Application

Post by tiwa » Mon Mar 05, 2012 10:19 am

Hello All :)

I am a new asylum seeker who only registered recently, my spouse and my irish born child are currently living in Ireland. I intend to apply for residency in the state based on the zambrano ruling, my wife currently works here and my Irish born daughter has been living in dublin since she was born.

I will appreciate if anyone can advise me how to go about making this application. For example, can i apply for zambrano at the same time my application as an asylum seeker is still pending. Any advise will be kindly appreciated.

Or if anyone who has been in the same situation can discuss this, that will be great.
Thanks

mauritania
Junior Member
Posts: 57
Joined: Tue Dec 21, 2010 4:14 pm
Location: Wexford

Post by mauritania » Mon Mar 05, 2012 11:21 am

I don't know anything about asylum seeking but for Zambrano you need the following:

A colour copy of the bio-data page of the Irish born citizen child's passport,
The Irish born citizen child's original Birth certificate - a copy is not acceptable,
A colour copy of the bio-data page of the applicant's own passport,
Two colour passport sized photographs, signed on the back by the applicant,
Documentary evidence that the Irish born citizen child is living in the State,
Proof of the applicant's address and residence in Ireland (e.g. current utility bills etc.),
Documentary evidence of the role the applicant is playing in his/her child's life (e.g. letters from schools, crèches etc.) and
Any other information that the applicant considers relevant to his/her case.


As our child was a small baby at the time we got a doctor's letter to advise that the father did indeed live with us and was playing an active role. This can be from school/creche/doctor etc.,
We had letters of support from friends and family. Proof of address, photo's we had lots of photos.

Just to let you know we were turned down for Zambrano, but we received stamp 3 with De Facto. Maybe something to consider if you can prove relationship history.

Waiting times are long for Zambrano applications. We waited 7months for a decision. We had a solicitor and local TD's backed our case. Hope it works out well for you.

tiwa
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Posts: 6
Joined: Mon Mar 05, 2012 9:50 am

Post by tiwa » Mon Mar 05, 2012 3:16 pm

Thanks mauritania for your reply.

Do you mind if i ask why you were turned down? also it seems to take ages to get a decision.
Why were you given stamp 3 and the De Facto.

Thanks

mauritania
Junior Member
Posts: 57
Joined: Tue Dec 21, 2010 4:14 pm
Location: Wexford

Post by mauritania » Tue Mar 06, 2012 5:31 pm

tiwa wrote:Thanks mauritania for your reply.

Do you mind if i ask why you were turned down? also it seems to take ages to get a decision.
Why were you given stamp 3 and the De Facto.

Thanks
Turned down on the basis that my partner holds permanent residency in another European Union country so my daughter would never have to leave the Union. Stupid decision really.

Received Stamp 3 De Facto on the basis of our relationship, not sure why it wasn't stamp 4. This is something we will be contesting.

Yes, it takes a long time to get a decision and from what I've been reading there's not a lot of people getting a positive decision. I think we were giving stamp 3 as we had a solicitor and TD's on the case. Otherwise I think we would have been refused.

tiwa
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Posts: 6
Joined: Mon Mar 05, 2012 9:50 am

Post by tiwa » Mon Apr 16, 2012 12:34 pm

mauritania wrote:
tiwa wrote:Thanks mauritania for your reply.

Do you mind if i ask why you were turned down? also it seems to take ages to get a decision.
Why were you given stamp 3 and the De Facto.

Thanks
Turned down on the basis that my partner holds permanent residency in another European Union country so my daughter would never have to leave the Union. Stupid decision really.

Received Stamp 3 De Facto on the basis of our relationship, not sure why it wasn't stamp 4. This is something we will be contesting.

Yes, it takes a long time to get a decision and from what I've been reading there's not a lot of people getting a positive decision. I think we were giving stamp 3 as we had a solicitor and TD's on the case. Otherwise I think we would have been refused.
Thanks for your reply.

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Apr 16, 2012 12:51 pm

tiwa wrote:Hello.

Does anyone know if there is an application form available for those wishing to apply under the Zambrano ruling?
Also does any one know how long the application takes now, and if the department aknowledges an application or any further developments or information will help. :(

Thanks.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

gnem
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Post by gnem » Mon Apr 16, 2012 2:41 pm

Does it make any sense at all ? :lol:

walrusgumble
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Re: Zambrano Application

Post by walrusgumble » Mon Apr 16, 2012 2:52 pm

tiwa wrote:Hello All :)

I am a new asylum seeker who only registered recently, my spouse and my irish born child are currently living in Ireland. I intend to apply for residency in the state based on the zambrano ruling, my wife currently works here and my Irish born daughter has been living in dublin since she was born.

I will appreciate if anyone can advise me how to go about making this application. For example, can i apply for zambrano at the same time my application as an asylum seeker is still pending. Any advise will be kindly appreciated.

Or if anyone who has been in the same situation can discuss this, that will be great.
Thanks
And what about your asylum case? Your so called Fear of Persecution?

Why didn't you not apply for a visa like every other Non EU law abiding immigrant instead of inventing asylum claims in order to get into Ireland without one?

Application is simple, write to them and provide evidence of your relationship with the children, evidence of their dependence on you. I take it that you have been away from your children for some time, provide evidence that you sent money to them

Zambrano concerned both parents being with the children at all times - Expect the State to challenge your case. However, ECJ might adopt a liberal attitude.

walrusgumble
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Post by walrusgumble » Mon Apr 16, 2012 2:55 pm

mauritania wrote:
tiwa wrote:Thanks mauritania for your reply.

Do you mind if i ask why you were turned down? also it seems to take ages to get a decision.
Why were you given stamp 3 and the De Facto.

Thanks
Turned down on the basis that my partner holds permanent residency in another European Union country so my daughter would never have to leave the Union. Stupid decision really.

Received Stamp 3 De Facto on the basis of our relationship, not sure why it wasn't stamp 4. This is something we will be contesting.

Yes, it takes a long time to get a decision and from what I've been reading there's not a lot of people getting a positive decision. I think we were giving stamp 3 as we had a solicitor and TD's on the case. Otherwise I think we would have been refused.
You got lucky actually

Zambrano requires you prove that the child would have to leave the European Union completely if the parents are required to leave.

You can't prove that, unless you can show that the mother could potentially loose the permanent residency status in the other EU country.

So, if you understood what Zambrano actually said, how is it stupid?

tiwa
Newly Registered
Posts: 6
Joined: Mon Mar 05, 2012 9:50 am

Re: Zambrano Application

Post by tiwa » Mon Apr 16, 2012 5:14 pm

walrusgumble wrote:
tiwa wrote:Hello All :)

I am a new asylum seeker who only registered recently, my spouse and my irish born child are currently living in Ireland. I intend to apply for residency in the state based on the zambrano ruling, my wife currently works here and my Irish born daughter has been living in dublin since she was born.

I will appreciate if anyone can advise me how to go about making this application. For example, can i apply for zambrano at the same time my application as an asylum seeker is still pending. Any advise will be kindly appreciated.

Or if anyone who has been in the same situation can discuss this, that will be great.
Thanks
And what about your asylum case? Your so called Fear of Persecution?

Why didn't you not apply for a visa like every other Non EU law abiding immigrant instead of inventing asylum claims in order to get into Ireland without one?

Application is simple, write to them and provide evidence of your relationship with the children, evidence of their dependence on you. I take it that you have been away from your children for some time, provide evidence that you sent money to them

Zambrano concerned both parents being with the children at all times - Expect the State to challenge your case. However, ECJ might adopt a liberal attitude.
I believe applying for a visa is a matter of choice. As our daughter is still a baby, i believe one has limited choices in proving dependence except letter from her GP. I have been supporting my daughter and family.

mauritania
Junior Member
Posts: 57
Joined: Tue Dec 21, 2010 4:14 pm
Location: Wexford

Post by mauritania » Mon Apr 16, 2012 6:46 pm

walrusgumble wrote:
mauritania wrote:
tiwa wrote:Thanks mauritania for your reply.

Do you mind if i ask why you were turned down? also it seems to take ages to get a decision.
Why were you given stamp 3 and the De Facto.

Thanks
Turned down on the basis that my partner holds permanent residency in another European Union country so my daughter would never have to leave the Union. Stupid decision really.

Received Stamp 3 De Facto on the basis of our relationship, not sure why it wasn't stamp 4. This is something we will be contesting.

Yes, it takes a long time to get a decision and from what I've been reading there's not a lot of people getting a positive decision. I think we were giving stamp 3 as we had a solicitor and TD's on the case. Otherwise I think we would have been refused.
You got lucky actually

Zambrano requires you prove that the child would have to leave the European Union completely if the parents are required to leave.

You can't prove that, unless you can show that the mother could potentially loose the permanent residency status in the other EU country.

So, if you understood what Zambrano actually said, how is it stupid?
Walrus, I felt it was stupid as the father only has residency in an EU country not citizenship, so there is always the risk that he would have to leave the union and we would have to go with him. I am an Irish Citizen but due to complications I am reliant on my partner to provide for us.

walrusgumble
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Re: Zambrano Application

Post by walrusgumble » Wed Apr 18, 2012 3:25 pm

tiwa wrote:
walrusgumble wrote:
tiwa wrote:Hello All :)

I am a new asylum seeker who only registered recently, my spouse and my irish born child are currently living in Ireland. I intend to apply for residency in the state based on the zambrano ruling, my wife currently works here and my Irish born daughter has been living in dublin since she was born.

I will appreciate if anyone can advise me how to go about making this application. For example, can i apply for zambrano at the same time my application as an asylum seeker is still pending. Any advise will be kindly appreciated.

Or if anyone who has been in the same situation can discuss this, that will be great.
Thanks
And what about your asylum case? Your so called Fear of Persecution?

Why didn't you not apply for a visa like every other Non EU law abiding immigrant instead of inventing asylum claims in order to get into Ireland without one?

Application is simple, write to them and provide evidence of your relationship with the children, evidence of their dependence on you. I take it that you have been away from your children for some time, provide evidence that you sent money to them

Zambrano concerned both parents being with the children at all times - Expect the State to challenge your case. However, ECJ might adopt a liberal attitude.
I believe applying for a visa is a matter of choice.
Oh do you now. Unless you are from an exempt country, explain how it is that it is a matter of choice to avoid Irish Visa requirement rules in order to enter Ireland to reunite with your Non EU spouse and the Irish Child.

You are not from a visa exempt country. You should have applied for a visa to enter Ireland and not avoid it by fake asylum cases.
tiwa wrote: As our daughter is still a baby, i believe one has limited choices in proving dependence except letter from her GP. I have been supporting my daughter and family.
A detailed GP letter shall suffice. If you can provide evidence of support, that would be great

walrusgumble
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Post by walrusgumble » Wed Apr 18, 2012 3:28 pm

mauritania wrote:
walrusgumble wrote:
mauritania wrote:
tiwa wrote:Thanks mauritania for your reply.

Do you mind if i ask why you were turned down? also it seems to take ages to get a decision.
Why were you given stamp 3 and the De Facto.

Thanks
Turned down on the basis that my partner holds permanent residency in another European Union country so my daughter would never have to leave the Union. Stupid decision really.

Received Stamp 3 De Facto on the basis of our relationship, not sure why it wasn't stamp 4. This is something we will be contesting.

Yes, it takes a long time to get a decision and from what I've been reading there's not a lot of people getting a positive decision. I think we were giving stamp 3 as we had a solicitor and TD's on the case. Otherwise I think we would have been refused.
You got lucky actually

Zambrano requires you prove that the child would have to leave the European Union completely if the parents are required to leave.

You can't prove that, unless you can show that the mother could potentially loose the permanent residency status in the other EU country.

So, if you understood what Zambrano actually said, how is it stupid?
Walrus, I felt it was stupid as the father only has residency in an EU country not citizenship, so there is always the risk that he would have to leave the union and we would have to go with him. I am an Irish Citizen but due to complications I am reliant on my partner to provide for us.
UNtil that is proven that it actually is at risk of being lost, there is no point speculating. (but, fair point from You) In most countries, people with a form of permanent residency would want to be complete idiots and criminals to loose it. BUT, can one loose it if you are not living in that country any longer?

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