Monday, May 30, 2011

Zambrano Update


We were delighted to receive positive news from the Department of Justice, Equality and Defence in the last week in respect of some of the recent Zambrano applications we have submitted. The approval letters have indicated that the Minister is granting permission to remain of a three year duration.

However, in one such case,  our client was granted permission to remain in the State and work for five years.   This client was the subject of a deportation order affecting her removal to South Africa along with her nine year old daughter who is also a South African national.  Our client was notified that a deportation order had issued against both she and her non-Irish child in August 2010.  When she initially joined her husband in the State she was granted permission to remain for a short period and was advised by her local immigration officer to apply to the Minister for Justice to extend such permission to reside with her husband and children in the State.  She received no response to her residency application and later instructed a solicitor to apply for leave to remain.  This application was ultimately refused.  She had however, not been served with the signed order that the Minster intended to deport her with her South African child.  Throughout her time in the State she avidly contacted her local TD who raised her case during a parliamentary debate as she and her family had no idea about what was happening with their case.   After discovering there had been a deportation order made, she continued as required, to attend the Garda National Immigration Bureau who had also seized her passport.  She was certain that she and her daughter would be removed from the State at any stage and such uncertainty caused her family great stress and anxiety.  She is the main carer for her Irish son and her daughter while her husband worked to support the family.  

We welcome the Department’s decision to fully implement the ECJ’s decision in ‘Zambrano’ in granting Applicant’s the right to work and reside in the State on the basis of her citizen child. 

The prospect that families may be forced to separate or leave the State is a very stark choice for many parents of Irish citizen children, but prior to the Zambrano decision, this was an unfortunate reality. We are pleased to be having successes in this area and are working on a number of cases that rely on the Zambrano principles beyond the narrow application to parents of minor Irish citizen children, which we will keep you updated on.

Sarah McCoy, Brophy Solicitors


  1. Hi. Could you tell what I and people like myself should do if I'm back to my native non-EU country. I have 3 minor Irish citizen children. I got my visa application refused last year (without the right of appeal). How could I resolve this if I'm not in Ireland? Thank you. Igor

  2. Dear Igor,

    Thank you for posting your query on our blog. We would advise that you should submit a new visa applicaiton based on the fact that you are the father of 3 Irish citizen children.

    Please contact our office directly at and we would be happy to assist on this matter.


    Brophy Solicitors

  3. hi i would just like to ask u. i sent a letter to the department of justice asking them to start an application for my daughters father to return to ireland under the zambrano case. he is a turkish national and my daughter holds an irish passport. he lived here for 4 years and returned home because his work permit was refused. so i sent them passports birthcerts his gnib number and pps number. i got a letter back today stating that " under the data protection act,they cant discuss details of individual cases to a third party without the written consent of the person concerned we cannot be of further assistance" i dont understand what this means. if u could give me some advice on what i should do that would be great, thanks michelle

  4. Dear Michelle,

    Many thanks for your comment.

    In response to your query, the Department cannot give out information about your daughter's father to you, a third party, without his written consent. It appears that they therefore need a signed consent from him before they respond to your query. If we can assist any further, we would suggest you contact the office directly on or 016797930.

    Kind regards,

    Brophy Solicitors

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  6. ive being refused an irish visa with a ban of 5yrs,i have 3 minor irish citizen in ireland can i be considered uder zambrano case....Franc..Nig.

  7. This comment has been removed by the author.

  8. Thank you for your interest in our Immigration Blog. I confirm that your query has been reviewed by one of our Immigration Solicitors. We would be happy to arrange a legal advice consultation with you. Please contact us on to provide your contact details so that we can make the necessary arrangements.

    Kind Regards,

    Brophy Solicitors

  9. enter ireland illegally feb.2007 was arrested and was released through the court cause of my two irish born as well seek asylum butleft for nigeria april 2007 voluntary but later discovered deportation order was issue against me late dec.2007.the order was revoked some months visa applications and appeal was not successful despite my family still remain the state till date.pls am i qualify for zambrano case? .

  10. Good day

    I made an application myself under Zambrano. How long does it usually take to get a decision. It has been 7 months now. Only got two requests from them and i submitted all they asked for.

  11. Hi

    My partner came here on a holiday visa when our son was born and has since applied for residency under the Zambrano case. Is it possible for him to receive a PPS number - the welfare site says he needs a GNIB card. But he never had one of these.

    I am looking to apply for jobseekers allowance shortly, and want to put him down as a dependent adult - but they are asking for a PPS number. I cannot find any information anywhere.

    Any help would be greatly appreciated,