Non EU Parents of Irish Born children now allowed to Live in Ireland
Irelands practice of refusing to give some
parents of Irish children permission to live and work in this country must now
On 8 March 2011 the European Court of Justice (ECJ) ruled ( Zambrano Case) that
an EU member state may not refuse the non-EU parents of a dependent child who
is a citizen of, and resident in, an EU member state the right to live and work
in that member state.
The Irish Department of Justice and Equality is reviewing the cases of non-EEA
parents of Irish citizen minor children which may meet the criteria specified
in the Zambrano case. If they meet the Zambrano criteria, the non-EEA parents may
be given permission to live and work in Ireland without the requirement for an
employment permit or business permission.
Non-EEA nationals with a stamp 2 or stamp 3 permission to remain in Ireland who
think they meet the criteria specified in the Zambrano case can apply at their
local Garda registration office. They should bring documents such as birth
certificates and proof of residency with them. If they meet the criteria, their
immigration status may be changed to a stamp 4 permission which will
allow them to live and work in Ireland without the need for an employment
permit. If the immigration officer refuses to change their status to a stamp 4,
the non-EEA national should write to the Repatriation Division of the Irish Naturalisation
and Immigration Service as described below.
A non-EEA national who does not have a current permission to remain in Ireland
and who wishes to request a review of their case under the terms of the
Zambrano judgement should write to the Repatriation Division, Irish
Naturalisation and Immigration Service, Department of Justice and Equality,
13-14 Burgh Quay, Dublin 2 and include the following documents:
A colour copy of the bio-data page of the Irish citizen childs passport (the
page with personal details and photo)
· The Irish citizen childs original birth certificate a copy is not
· A colour copy of the bio-data page of the applicants own passport.
· Two colour passport-sized photographs, signed on the back by the applicant.
· A copy of the applicants current GNIB certificate of registration (if
· Documentary evidence that the Irish citizen child is living in the State.
· Proof of the applicants address and residence in Ireland (e.g. current
utility bills etc).
· Documentary evidence of the role the applicant is playing in his/her childs
life (e.g. letters from schools, crèches, etc).
· Any other information that the applicant considers relevant to his/her case.