Parents of Irish Citizen Children - FAQ

Frequently Asked Questions

 

1. How do I apply?

There are two routes in which a non-EEA national can apply for permission to reside in the State on the basis of being the parent of an Irish citizen child.

A). If you have current permission to remain in the State on an alternative basis, or if you have entered the State on the “D Reside Parent of an Irish citizen child visa” - both you and your Irish citizen child should attend at your local Immigration Registration office with the following documentation:

  • Your child’s original birth certificate
  • Your child’s original Irish passport
  • Your original passport
  • Evidence of your address
  • Evidence that your child is residing in the State i.e. Copy of immunization passport, letter from doctor confirming attendance at medical appointments, letter from school/crèche confirming attendance

Where such persons are found to satisfy the parent of an Irish citizen child criteria, then, all other things being equal, their status will be upgraded to Stamp 4 conditions. However, in circumstances where the Registration Office is not satisfied that a person meets the relevant criteria, the case will be referred back to the INIS Residence Division for further examination.

B). If you do not have current permission to remain in the State, or if you are on a short stay visa ‘c’ visa. You must complete the parent of Irish citizen child application form and submit it, with all the required documentation to the following address:

    Residence Unit 4
    Irish Naturalisation and Immigration Service
    13/14 Burgh Quay
    Dublin 2
    D02 XK70

 

Incomplete application forms will not be processed and will be returned to the applicant.

 

2. I am currently not residing in Ireland, can I apply for permission under this scheme before I enter Ireland?

No, we only accept applications from parents of Irish citizen children who are residing in the State.

Visa required applicants who are outside the State will need to apply for the appropriate D ‘reside parent of Irish citizen child’ visa to allow them to enter the State.

Non-visa required applicants must on arrival into the State (and prior to the expiry of the permission granted to them at the airport) attend at their local immigration office in order to obtain permission. You will be required to bring the following with you:

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

 

3. How do I renew my permission to remain in the State based on my parentage of an Irish citizen child?

  • If you were originally granted permission by the Irish Naturalisation and Immigration Service, you will have received a letter stating the length of your permission, and the process to follow in order to renew the permission.
  • If you were originally granted permission to remain in the State based on your parentage of an Irish citizen child, by your local immigration office. You should return to your local immigration office, two weeks prior to its expiry in order to renew your permission. You must bring the following:

  • Your Irish citizen child
  • Your child’s original birth certificate
  • Your child’s original Irish passport
  • Your original passport
  • Evidence of your address
  • Evidence that your child is residing in the State i.e. Copy of immunization passport, letter from doctor confirming attendance at medical appointments, letter from school/crèche confirming attendance
  • Evidence that you are playing an active role in the upbringing of your citizen child (letter from doctor confirming your attendance at medical appointments with your child, letter from school confirming attendance at parent/teacher meetings).

 

4. 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 means 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.

 

5. My child is an EU citizen but does not hold an Irish Passport. Can I apply for residence in Ireland on this basis?

No. In all cases the applicant must be the parent of an Irish citizen child who holds an Irish passport before they can seek residency in Ireland on this basis.

 

6. My child is an Irish citizen but, despite being born there, has not resided in Ireland at any stage. Does this allow me an a right of residence in Ireland?

No. Permission will be granted on the basis of 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) are not entitled to a right of residence in Ireland on this basis.

 

7. If I qualify for permission to remain as the parent of an Irish citizen child, for what length of time will I be granted permission?

All applications are looked at on an individual basis and the individual circumstances of each case are considered. Permission to remain can be granted for a period of 6 months and up to a maximum of three years, depending on a number of factors, including the applicant’s role in the Irish citizen child’s life and their immigration history in the State, etc.

 

8. 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 may be required as would documentary evidence of the role that such a parent had been playing in his/her child’s life etc.

 

9. Can the Minister request DNA evidence as part of my application?

Any third country national person who wishes to obtain permission in the State, based on parentage of an Irish citizen child, must submit certain items of documentation and information to the INIS before their case to remain in the State can be considered. Where doubts exist as to an applicant's parentage of an Irish citizen child, the INIS reserves the right to request the submission of reliable DNA evidence to dispel such doubts. The onus is on individual applicants to obtain such DNA evidence given that without it they cannot satisfy the Minister for Justice and Equality as to their parentage of an Irish citizen child.

 

10. Will INIS pay for the DNA test?

No. INIS will not pay for the DNA test.

 

11. Where can I go to get a DNA test?

It is necessary that you use a Court Approved DNA Service in order that the results of any paternity test are legally defensible in Court. The service provider must be able to confirm chain of custody for the DNA sample, and must be able to confirm the identification of the persons who submitted the sample.

When you have made the necessary arrangements regarding this DNA test, please inform the Parent of Irish citizen child unit of the time and location of same. Representatives from this Department will be required to attend.

 

12. Will INIS accept an order of the District Court pursuant to Part VI of the 1987 Act in lieu of a DNA test?

No. While INIS will accept orders of the District Court pursuant to Part VI of the1987 Act as supplementary documentation in a person’s application, it would not be acceptable as sole proof of paternity.

 

13. What conditions are assigned to my permission?

The following conditions will apply to your temporary permission to remain in the State:

  • That you will obey the laws of the State;
  • That you will not become involved in criminal activity;
  • That you will reside continuously in the State;*
  • That you will make every effort to gain employment and not be a burden on the State;
  • That you are playing an active role in the life of your dependant Irish citizen child
  • That you accept that the granting of your temporary permission does not confer any entitlement or legitimate expectation on any other person, whether related to you or not, to enter or remain in the State.

 

* ‘Continuous residency’ means living in the State for the period covered by this temporary permission to remain, allowing for reasonable periods of absence from the State for holidays, exceptional family circumstances or commitments outside the State arising from business or employment carried out within the State.

The permission is granted on the basis of genuine evidence of the parent playing a continuous and active emotional/financial role in the upbringing of the Irish citizen child.

Any misinformation given during the application process may result in the application being refused.

 

14. I have been granted permission to remain in the State, can this permission be revoked?

It is important to note that this permission to remain in the State is granted to you subject to the result of enquiries as to whether or not you have obeyed the laws of the State, have been convicted of any offence and that you have not been involved in criminal activity.

In the event that information comes to the attention of the Minister which is relevant to the granting of permission to remain in the State to you, the Minister may re-consider your status in the State and may revoke your permission. In the event that this occurs the Minister may propose to deport you from the State.

The following, which is not an exhaustive list, are some of the types of information which may lead to the Minister revoking your permission:

  • Information that shows that you have not complied with the conditions of your permission,
  • Information which relates to your character or conduct (whether prior to or subsequent to the granting of your permission), including criminal convictions,
  • Information which indicates that you have failed to register your permission to remain as required,
  • Information which indicates that you have provided misleading or inaccurate information to the Minister or to other authorities of the State

 

15. I have already been granted permission to remain in the State, on Stamp 4 conditions, by the Minister for Justice and Equality. I have an Irish citizen child. Does permission as the parent of an Irish citizen child 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 GNIB Card with a Stamp 4, then permission to remain as the parent of an Irish Citizen child, 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 Siochana, or any other State service provider, your permission to remain will be renewed.

 

16. I wish to make a case to obtain residency on the basis of being the parent of an Irish citizen child. Will I need to make my case through a solicitor?

There is no requirement that any such documentation be submitted through a solicitor. Once the application form is completed and 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, if 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)/Department of Justice and Equality. Where such written consent is not included in correspondence received from a solicitor, the Department 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 your behalf.

 

17. I have been convicted of a criminal offence. Will this affect my registration?

All applications are looked at on an individual basis and the individual circumstances of each case are considered. A criminal conviction may result in your application being refused, or you being granted a short term registration.

 

18. I have been charged with a criminal offence and am awaiting trial. Will this affect my registration?

All applications are looked at on individual and the particular circumstances of each case are considered. While you are awaiting your court date, you may only be granted permission on a six month basis up to when the court outcome is known.

Please note a minor criminal conviction may not automatically result is your application being refused.

 

19. What can I do if I have an existing Deportation Order?

Applications will be accepted and processed from parents of Irish citizen children who hold a deportation order. The acceptance of the application form does not automatically mean that you will be granted permission as the parent of an Irish citizen child.

If you are successful and granted permission to remain as the parent of an Irish citizen child, then your Deportation Order will be revoked. However if information comes to the attention of the Minister that you have failed to comply with the conditions of your permission, the Minister may revoke your permission and may propose to deport you from the State.

If your application for permission as the parent of an Irish citizen child is unsuccessful, your Deportation Order remains valid, and you will be deported from the State.

 

20. If the Irish citizen child is not currently residing in Ireland? Can I be registered under the Irish citizen child scheme?

If you are applying for your first registration as the parent of an Irish citizen child, your Irish citizen child must be residing in the State. Applications will not be accepted if the Irish citizen child is not residing primarily in the State.

All applications for renewal of registration as the parent of an Irish citizen child are looked at on an individual basis, and the particular circumstances of each application is considered, i.e. length of time registered as the parent of an Irish citizen child in the State (more than 10 years), and the activities of the Irish citizen child (attending college/university abroad).

 

21. Can I enter employment while my application is in process?

No. An applicant has no entitlement to enter employment during the application process without the requirement of a Work Permit issued by the Department of Business, Enterprise and Innovation.

 

22. I currently have no permission to remain in the State and work. Can I get a temporary permission to remain while my application is being processed?

No. An applicant has no entitlement to a temporary permission to remain in the State while their application is being processed.

 

23. How can I contact the Irish Naturalisation and Immigration Service regarding the status of my application?

Queries can be made by post only, and should be sent to the following address:

     Residence Unit 4
     Irish Naturalisation and Immigration Service
     13/14 Burgh Quay
     Dublin 2
     D02 XK70

 

24. What happens if my application is approved?

  • Successful applicants may be granted permission to reside in the State for an initial period of anywhere between 6 months and three years, depending on the individual circumstances of the case.
  • The non EEA national parent may be granted Stamp 4 which will allow him/her to reside and work in the State without the requirement of a Work Permit.
  • The applicant and his/her Irish citizen child will be required to attend at 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.
  • Details in respect of registration and renewal of registration will be outlined in correspondence issued by the Residence Unit 4, and information provided on this website.

 

25. I was granted permission to remain in the state by my local immigration office. I now need a letter from the Department of Justice and Equality stating that I have permission to remain in the State based on my parentage of an Irish citizen child.

If you attended at your local immigration office, and you were upgraded to stamp 4 based on your parentage of an Irish citizen child. You will therefore need to write to your local immigration office seeking written conformation under what immigration scheme you were granted permission. This office will not issue letters to non-EEA nationals who were upgraded to stamp 4 permission by their local immigration office. This office will only issue letters regarding applications, which it has processed.

 

Updated: 02 June 2017