Frequently Asked Questions about the Zambrano Judgment
My child is an EU citizen but does not hold an Irish Passport. Does the Zambrano Judgment apply to my case?
No. In an Irish context, the Zambrano Judgment applies to certain third country nationals but in all cases they must be the parent of an Irish citizen child before they can seek residency in Ireland under the terms of the Zambrano Judgment.
My child is an Irish citizen but has not resided in the State at any stage. Does the Zambrano Judgment allow me a right of residence in Ireland?
No. The Zambrano Judgment applies to an Irish citizen child’s country of residence and nationality. If an Irish citizen child has not been ordinarily resident in Ireland then his/her parent(s) cannot rely on the Zambrano Judgment as a basis for securing a right of residence in Ireland.
I am a non-EEA national. I lived in Ireland for some years but left some time ago to return to my country of origin. I left voluntarily and was never the subject of a Deportation Order. I am the parent of an Irish citizen child. Can I rely on the Zambrano Judgment to allow me to reside in Ireland?
No. The Zambrano Judgment does not apply to any person who left Ireland of their own volition. Such persons can, of course, apply for a visitor or study visa to visit Ireland but cannot rely on the Zambrano Judgment as a basis to obtain a right of residence in Ireland.
I am a failed asylum seeker and am the parent of an Irish citizen child. I have applied for subsidiary protection and am currently awaiting the outcome of that application. I would wish to rely on the Zambrano Judgment to secure a right of residence in Ireland. What should I do to advance this?
Your applications for subsidiary protection and for a right of residency in the State based on parentage of an Irish citizen child will be considered independently of one another. If the subsidiary protection application is determined first, and has a favourable outcome, then no further consideration of your case will be required, given that the status of subsidiary protection carries a right of residency, accompanied by a right to work, for a statutory, renewable, three year period.
I have been told that, if granted a right of residency, I will have a Stamp 4 based permission to remain in Ireland. What does this mean?
A Stamp 4 denotes that the holder has an immigration permission to be in the State and the right to work without the need for an Employment Permit. It does not, however, confer on the holder an entitlement to any particular public service or funding. Such matters are determined by the relevant government departments or State agencies. Once a person is granted permission to remain on Stamp 4 conditions, it is generally renewed subject to the laws of the State being observed and other conditions being complied with. Such conditions will be set out in your decision letter.
I am the father of an Irish citizen child but my name is not on my child’s Birth Certificate. What would I need to do to convince the Minister for Justice and Equality that I should be permitted to remain in Ireland?
In circumstances where there is doubt as to parentage of an Irish citizen child, such as where a father’s details were not recorded on the child’s Birth Certificate when the child was being registered, the onus will be on any such person claiming parentage of an Irish citizen child to produce evidence of a biological link to that child. Verifiable DNA evidence would be required as would documentary evidence of the role that such a parent had been playing in his/her child’s life etc.
I was granted permission to remain in the State, on Stamp 4 conditions, by the Minister for Justice and Equality last year. I have an Irish citizen child. Does the Zambrano Judgment offer me anything extra in terms of my immigration status in the State?
Assuming that you have ‘registered’ with the Garda National Immigration Bureau (GNIB) and, as such, hold a Certificate of Registration (GNIB Card) with a Stamp 4, then the Zambrano Judgment offers you nothing that you don’t already have. You already hold a right of residency which allows you to work in the State without a Work Permit or to set up in any legitimate business or profession without the permission of the Minister. You can apply for renewal of your permission to remain before your current permission to remain expires. Where it is clear that you have complied with the conditions attaching to your current permission to remain, and you have not come to the adverse attention of An Garda Siochána, or any other State service provider, your permission to remain will be renewed.
I wish to make a case to obtain residency on the basis of the Zambrano Judgment. Will I need to make my case through a solicitor?
No, there is no requirement that any such documentation be submitted through a solicitor. Once the required documentation is submitted, the case is considered on its merits regardless of whether it was submitted by an individual or by a solicitor acting on his/her behalf. However, where you decide to make your case through a solicitor, you will need to give your written consent to that solicitor to act on your behalf for the purposes of your dealings with the Irish Naturalisation and Immigration Service (INIS). Where such written consent is not included in correspondence received from a solicitor, the INIS will not be in a position to respond substantively to that solicitor but will instead request the solicitor to submit evidence of their written authority to act on that applicant’s behalf. This position is well known to the membership of the legal profession.