INIS UPDATE: Residency Permission Based on Parentage of an Irish Citizen Child

From 1st October 2015 all applications for permission to remain in the State based on the parentage of an Irish citizen child are to be submitted on a designated application form – the Irish Citizen Child Application Form (Form 1).

Applications for permission to reside in the State on this basis are frequently referred to as Zambrano applications based on the judgement of the European Court of Justice Case C-34/0 Ruiz Zambrano v Office National De L’Emploi, which acknowledged the right of an EU citizen child to have their parent reside in the State in which they live, without the EU citizen child having to exercise their rights of free movement.

The Form 1 application form replaces the existing procedure in place for such an application which involved the submission of a letter outlining an applicant’s details, status and relationship with the Irish citizen child. The Form 1 application form makes the application procedure for permission to remain in the State an easier process in that there is a set list of documents to include with the application. We hope this will ensure a minimal amount of delay in the issuance of a decision.

Such applications require the provision of the same details in a more defined format. The Form 1 application form requires the enclosure of documents listed under the following headings located under Section 5:

  • Evidence of Applicant’s identity
  • Evidence of Irish Citizen Child’s identity
  • Evidence of the child’s residency in the State
  • Evidence of the applicant’s residency in the State
  • Evidence of the applicant’s role in the life of the Irish Citizen Child

The notice for applicants on the INIS website also makes note that the permission to remain once granted may be revoked and deportation proposed where information comes to the attention of the Minister for Justice after the fact. A non-exhaustive list of reasons for revocation include:

  • Where conditions to remain have not been complied with
  • Information relating to the applicants character or conduct
  • Failure to register with GNIB
  • The provision of misleading or false information at the time of application

Completed application forms together with the relevant supporting documents are to be submitted by registered post to the following address:

INIS

Residence Division Unit 4,

13-14 Burgh Quay

Dublin 2

See the INIS website to obtain more information and access the Form 1 Application Form. http://www.inis.gov.ie/ .Contact our office to arrange a consultation appointment with a member of the Brophy immigration team for assistance.

Anna Butler

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