Abbey Blue
Non-EEA Parents of Irish Citizen Children: A Landmark Legal Decision
In March 2011, a significant ruling by the European Court of Justice in the well-known Ruiz Zambrano v Office National De L’Emploi case (Case C-34/09) established the derived rights of non-EEA parents of Union citizen children to reside within the EU. Following this landmark judgment, the Minister for Justice introduced a scheme enabling non-nationals to apply for stamp 4 residence permission based on their Irish child.
For non-nationals already residing in the State with lawful residence permission, a straightforward process exists. They can visit their local immigration office along with their Irish citizen child, providing their passport, GNIB card, the child’s passport, and birth certificate. This allows for immediate issuance of a stamp 4 permission without the need for a written application to the Minister for Justice.
However, non-nationals in the State without lawful residence permission must submit a written application to the Minister for stamp 4 permission. During the application review, the Minister assesses the applicant’s connection and relationship with their child before granting stamp 4 residence permission.
It’s essential to note that there are no specific financial requirements for parents of Irish citizen children to meet when applying for a visa or residence permission. Instead, the emphasis is on the parent’s active and continuous involvement in their child’s life, which can include providing emotional and/or financial support. This approach aligns with the INIS Family Reunification Policy Document of December 2013, which states:
“As a matter of general policy, immigration permission is intended to be granted when the parent can demonstrate active and continuous involvement in the child’s life, offering genuine emotional and/or financial support.”
We have extensive experience assisting numerous clients in navigating these applications to secure residence permission based on their Irish citizen children.
Translate with Google Translate »