Friday, February 3, 2012

DETERMINATION OF ZAMBRANO CASES TO DATE

Pamela Duncan in the Irish Times reported last week that more than 850 non-EU parents of Irish-citizen children have been granted residency in Ireland since the ECJ issued its ruling in the Zambrano decision which created rights of residency for parents of Member State citizen children. Apparently, six parents of Irish citizen children who were previously deported have been granted permission to re-enter the State. 

1000 cases have been processed to date by the Minister who said that the decisions were taken “in the best interests of the welfare of eligible minor Irish citizen children”.

The Irish Times reports that 700 cases remain outstanding; ‘In approximately half of those cases the department has requested further documentation or clarification from the applicants before their cases can be progressed. This number does not include other non-EU parents of Irish-born children who had an existing right of residency, for example where people were lawfully resident on a worker, spouse or student visa.’ 

We have a number of outstanding applications as well as a number of applications which we have requested a review following a negative decision. One such decision was reached upon the Minister’s determination that the father of an Irish citizen child who resides with his child in the State, was not seen to have shown evidence of a ‘relationship of dependency’ between both he and his child. Other applications are outstanding whereby the applicant parents reside outside of the State with their Irish citizen child(ren). We submit that a refusal of such applications is in turn a refusal to permit entry to the State by an Irish citizen. We are however pleased that one application concerning the father of an Irish citizen child residing outside of the State was granted after a nine month delay in determining the visa application. 

Various complications arise in the submission and in the determination of Zambrano applications. It seems to us that the very reliance on the word ‘Zambrano’ when applying for residency/Stamp 4 on behalf of a client triggers a delay on their application for residency where that application might also be based on other factors for example a relationship with an Irish citizen. We have also encountered situations whereby applications to renew a permission granted under leave to remain are delayed whenever submissions are made in respect of an Irish citizen child. Therefore, otherwise uncomplicated, straightforward applications for residency which would normally be considered rather promptly are faced with delays and requests for further and specific documentation. We note that in one of our cases, an applicant had been granted a visa to join his Irish partner in the State without any difficulty. He is also the father of his partner’s child, an Irish citizen. As a result, he was permitted to register under Stamp 4 when reporting to the GNIB, which in our experience has been standard practice, but was asked to make an application to the Minister for residency based on his parentage of an Irish citizen child. This application is still pending, the applicant has not been permitted to work, even for a temporary period and has been forced to return to his home country much to the dismay of his Irish partner and mother of his child. 

In another situation, two applicants from the same country, with the same background and immigration history had both submitted applications for leave to remain on the very same date, 3years ago. We were notified by the Repatriation Unit that both applications were due to be considered. One of the applicants had in the meantime become father to an Irish citizen child. His application for leave to remain was put on hold. His friend’s application was determined and was successful. 

We will keep you informed as matters develop and welcome your thoughts and comments on these issues. 

Sarah McCoy
sarah@brophysolicitors.ie
01.02.12

14 comments:

  1. I am mother of an Irish citizen child.I live in Pakistan with my Irish son.I applied for Ireland's "D"visa before six months but still waiting for the decision.I sent e-mail to INIS department.They replied that "the applicant will be notified of the decision in due course,"Now i am not sure what is this "due course"?
    Kindly suggest me what should I do now?

    ReplyDelete
  2. Dear Sherry,

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

    Brophy Solicitors

    ReplyDelete
  3. Thanks for your concern.which type of contact details you want from me?should it be my e-mail address,my postal address or my cell no?Kindly confirm me.
    Thanks again for taking interest in my case.I'll be waiting for your reply.

    ReplyDelete
  4. First I'll like to say kudos for the extensive work you guys are doing. Getting information from the Immigration is a hard task and people are kept in the dark and in the place of permanent uncertainty.
    In my case, I had been given permission to stay since 2005 based on IBC. However, my ex spouse since we are now qualified for Naturalisation, went and made an allegation that my maintenance account is in arreas.
    My stamp 4 was due to be renewed in March and I was already gathering documents for my citizen application and only went in renew and to be told that I had been refused renewal since January. No notification was sent to me and I had since gotten proof from the court office to say my account is in order and forward same to INIS but all I get is acknowledgemet of receipt for months.
    Until last 2 weeks I got a letter from repratriation asking me to submit my passport and 2 photographs. No reason was stated as to why they require this document, I wrote back and all I get again is a statement of receipt. So I had been on temporary stamp for almost 6months now.

    I cannot process my naturalisation as I have no GNIB card, can't travel outside the country, it's back to limbo again. So, its a great relief reading this blog, to know that there is a voice out there for immigrants.

    ReplyDelete
    Replies
    1. Dear Lekan,

      Thank you for the feedback on our blog. If you would like a consultation with one of our immigration solicitors please feel free to contact us! Our number is 01-6797930 or email us directly on info@brophysolicitors.ie

      Delete
  5. Dear solicitor, delay in issuance of stamp 4 my renewal of type D visa has expired ,I have submitted necessary documentations for the issuance of stamp 4 to repatration unit in Dublin since 3months, only received acknowledgement letter, what can I do for this delay.Bimbo(bimbolafrancis@gmail.com)

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  6. I am pakistan national waiting for decision under zambrano case can you tell me normally what's the processing time.

    ReplyDelete
  7. You never know.I got visa after waiting about 8 months.

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  8. I am father of Irish Born Child, I applied for entry clearance to Ireland and was granted visa type "D". After arrival I applied for stamp which is pending for the last five months. Can you advice me how long would it take to process my application. I am worried because I am not allowed to do job. My email address is sajidmalik77@hotmail.com

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  12. My partner is awaiting for approval to stay parent of irish citizen child.. waiting for stamp 4. Irih immi are not responding to emails... can he return to australia and work while waiting as funds are running shory?

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  13. im living living in ireland 4 years with stamp 4 now my visa expired and i have irish citizen child he is nearly 4 years old im trying to renew my visa i sent my permission to remain letter and still waiting since January and i do not have visa to work at the moment i sent many times letter to asking about temporary visa and they still didnt give to me. is anyone know how i can get temporary visa until my visa decision

    ReplyDelete