On 8 March 2011 the European Court of Justice (ECJ) ruled in the Zambrano case C 34/09, 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 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 child’s passport (the page with personal details and photo)
· The Irish 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.
· A copy of the applicant’s current GNIB certificate of registration (if applicable)
· Documentary evidence that the Irish 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).
· Any other information that the applicant considers relevant to his/her case.
In addition, an applicant must provide answers to the following questions:
· Has he/she ever been convicted of a criminal offence in the State or abroad? If so, he/she must provide specific details.
· Are there any charges pending against him/her in the State or abroad? If so, he/she must provide details.
In some cases, DNA evidence of a biological link to the Irish citizen child or children may also be required. Once a decision has been made, that decision and the consequences of the decision will be notified in writing to the persons concerned.
Parents of Irish citizen children who were previously removed from the State by deportation order, and who wish to now re-enter the State to reside with their Irish citizen child or children, may now seek a revocation of that deportation order. Those subject to deportation orders should apply in writing to the Repatriation Division of INIS as set out above, specifying their desire to have the deportation order lifted to enable them to re-enter the State.
Those parents of Irish citizen children who reside outside of Ireland but were never deported from the State now have the option of entering the State to reside and work. If they are visa required, they must apply online for a visa – check our document on visa requirements for entering Ireland.