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Permission to Reside for Non-EEA National Parent of Irish Citizen Child

Permission to Reside for Non-EEA Parent of Irish Citizen Child

Non-EEA national parents of their Irish citizen children could be eligible to receive permission to remain in Ireland for up to three years with Stamp 4 permission.

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Permission to Reside for Non-EEA National Parent of Irish Citizen Child

Non-EEA parents of Irish citizen children could be eligible to reside in Ireland. This ruling only applies to Irish citizen children, and not to those who were born in Ireland who might not be Irish citizens.

Should you need any information or assistance with your application to become an Irish resident on the basis of being the parent of an Irish citizen child, please don’t hesitate to call us on (+353) 061 518 025.

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How do I Apply for Irish Residency as a Non-EEA National Parent of my Irish Citizen Child?

As alluded to above, the person who the application is based on must be an Irish citizen. There are a few different routes towards Irish citizenship including:

Regardless of the Irish citizenship route, the principal requirement for those applying through the Irish child scheme is that their child is an Irish citizen.

There are two routes through which the non-EEA national can apply for permission to reside in the state:

  • As a current permission to reside holder
  • As a person without permission to reside.

The application process is different for each of these, which we will expand on in further detail below.

Applications for Those With Current Permission to Reside

If you have current permission to remain in Ireland on an alternative basis, or if you entered Ireland on the ‘D Reside Parent of an Irish Citizen Child Visa’, you need to attend your local immigration registration office with your Irish citizen child.

You will need to provide the following information:

  • Your child’s original Irish passport
  • Your child’s original birth certificate
  • Your original passport
  • Evidence of your address
  • Evidence that your child is residing in the state through a document, such as a letter from their school
  • Evidence that you are playing an active role in the upbringing of your Irish citizen child. This could take the form of a letter from your doctor confirming your attendance at medical appointments with your child

Provided that you can provide all this information, the non-EEA national parent’s immigration status will be upgraded to stamp 4.

If there are any concerns with your application, the case will be referred back to the Irish National Immigration Service (INIS) Residence Division.

Applications for Those Without Permission to Reside in Ireland

If the non-EEA national parent doesn’t have permission to reside in the state or is living in Ireland under a short stay C visa, they will need to complete the ‘Application for permission to remain in the State on the basis of parentage of an Irish Citizen Child for a Non-EEA Parent’ (FORM RES3).

You will also need to provide a number of documents with the application. These documents include:

  • Full colour copy of your passport
  • Two passport-sized photos, with a signature on the back of each
  • Child’s original birth certificate
  • Colour copy of bio date page of the child’s Irish passport
  • Copy of child’s immunization passport
  • Letter from doctor confirming attendance at medical appointments/letter from child’s school
  • Evidence of applicant’s active role in the life of the Irish citizen child, such as letter from the child’s school showing that the parent attended parent meetings and a letter from a doctor confirming the applicant attended medical appointments with the child. (Two letters must be provided)

 

Can I Apply for Permission to Remain Under This Scheme Before I Enter Ireland?

It is not possible to apply for permission to reside in the State as a parent of an Irish citizen child if you are not in Ireland.

If you wish to receive permission to remain in the state on the basis of your child, you will need to firstly Visa-required applicants who are outside Ireland will need to apply for the long stay D Join Family visa to gain permission to enter the state.

The applicant will still need to report to border control when they arrive in Ireland. If you are given permission to enter Ireland, you will then need to attend your local immigration office with your Irish citizen child to apply for official permission to remain on the basis of being the parent of an Irish citizen child.

You will need to bring the following documentation to the immigration office:

  • Your passport
  • Your child’s original birth certificate
  • Your child’s original Irish passport
  • Evidence of your address in Ireland

Get in touch with our expert immigration lawyers to learn how to apply for permission to remain. Contact us

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What Happens if My Application is Approved?

If your application is approved, you will be given official permission to reside in Ireland for between 6 months and three years, depending on the individual circumstances of the case. In the vast majority of cases, the parent will be granted Stamp 4.

The applicant and their Irish citizen child will be required to attend their local Garda National Immigration Bureau Registration office to be registered as resident in the State on the basis of being the parent of an Irish citizen child.

Can I be Registered Under the Irish Citizen Child Scheme if my Irish Citizen Child is not Currently Residing in Ireland?

If you are applying for registration for the first time, your child must be residing in Ireland. Applications will not be accepted if your child is not in the State.

If you are applying to renew your permission to remain, you might be able to register. All applications are considered on an individual basis.

What Conditions Must I Live Under in Ireland?

If you are given permission to reside in Ireland, it is assumed that you will abide by the rules and laws of the country.

As a general condition, your permission to reside is granted on the basis of you playing a continuous and active emotional and/or financial role in the upbringing of the Irish citizen child.

Also, it is assumed that you:

  • Will obey the laws of the State
  • Will not become involved in criminal activity
  • Will reside continuously in the State
  • Will make all possible efforts to gain employment
  • Will play an active role in the life of your Irish child

Can my Permission to Remain be Revoked?

Yes, it is possible for your permission to remain to be revoked if you do not live under the conditions of your immigration permission.

If it is found that you have not obeyed the laws of the State, including if you have been convicted of any offence or been involved in criminal activity, your permission to remain will be revoked and in most circumstances, you will be deported from the country.

You could have your permission to remain revoked in the following circumstances:

  • Information shows you have not complied with the conditions of your permission
  • Information relating to your conduct or character has come to the attention of Irish authorities (Before or during your stay in Ireland)
  • Information indicates that you have failed to register your permission to remain as required
  • Information shows that you have provided false or misleading information to authorities of the State

How Long Will my Permission to Remain Last?

There is no set time for how long you can stay in Ireland under this form of permission to remain. The individual circumstances of each case is considered and factors such as the applicant’s role in the Irish citizen child’s life and their immigration history in the State will be taken into account.

Permission to remain can be granted for a period of 6 months and up to a maximum of three years.

Can I Apply for Permission to Remain as the Parent of an Irish Citizen Child if my Name is not on their Birth Certificate?

If there is doubt over the parentage of a child, including if a parent’s name is not on a birth certificate, the parent would need to provide evidence of a biological link to the child. Verifiable DNA evidence may be required in these circumstances, as would documentary evidence of the role that the parent has played in the child’s life.

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Frequently Asked Questions

The Immigration Advice Service is an immigration law firm with a wealth of experience in the field. We can help you to complete your application to the highest standards and secure your permission to remain in Ireland. With our expertise, you can maximise your chances of receiving the results you are looking for.

Call us now on (+353) 061 518 025 to find out more about our unrivalled services.

Stamp 4 is one of the most favourable immigration stamps, enabling the holder to work in Ireland without the need of a work permit. A Stamp 4 holder can work in any employment and set up and operate their own business.

However, it is important to note that a Stamp 4 holder does not have any entitlement to public services or funding.

A Stamp 4 holder will, of course, be required to observe the conditions of the stamp.

No, there are no added benefits or advantages to holding Stamp 4 as the parent of an Irish citizen child if you are already a Stamp 4 holder.

When your current permission to remain expires, you could apply for a renewal of your permission to remain on the basis of being the parent of an Irish citizen child rather than on the current basis.

No, you cannot get any temporary permission to remain in these circumstances. You will also not be able to enter into any form of employment.

You are not automatically ineligible for permission to remain as the parent of an Irish citizen child if you have been convicted of a criminal offence. Ultimately, all applications are considered on an individual basis.

If you have been told that you need to provide a DNA test as part of your application, it must meet certain standards.

The service which you use needs to be a Court Approved DNA Service in order for the test to be legally defensible in a court of law.

The service provider must:

  • Confirm chain of custody for the DNA sample
  • Confirm the identification of the person/s who submitted the sample

When you have made the necessary arrangements, you must inform the Parent of Irish citizen child unit of the time and location of the proposed service. Somebody from the department will attend the service.

Please bear in mind that the Irish National Immigration Service will not pay for the DNA test.

For more information on the DNA test, please do not hesitate to contact us on (+353) 061 518 025.

No, you are only eligible for the Irish child scheme if your child is an Irish citizen.