Stamp 4 holder wants to bring his mother to look after his Irish children

lchang

Hi guys,

I wonder if anybody can help me here.

I am a Brazilian National with a Stamp 4 Visa due to my long relationship with my Polish partner / girlfriend.

We have two Irish born boys together, our older boy is nearly 2 years old and the younger is only 4 months.

Myself and my girlfriend, we both work Full time and we both have good jobs.

However, the costs of childcare and rent are just not sustainable for us.

The creches are charging up to 1.7k per month for 2 kids (Full time).

Our rent has gone to 1.2k per month.

Hence, it will be practically impossible for us to afford creche, rent, bills, etc

My girlfriend is not considering going part-time or quitting her work. As a dependant of her (EU Treaty rights), she must work, as I am "by the eyes of the law", her dependant, even though my wages are higher than hers. At the moment she is on maternity leave.

Therefore, I am seriously considering bringing my elderly mother, also a Brazilian national to live with us here, in Dublin as she can mind my kids and we could save some money that will be used towards our own house (We hope).

My mother is retired in Brazil and she has her monthly income which would allow her to live in Ireland confortably and she off course, will not seek for any employment and will also be under my Private Health Insurance (VHI). So my mother, would basically not depend on social welfare or any sort of working activity whilst living in Dublin. In fact she will be only spending her money here.

I tried to get information in the INIS website and I was unable to locate something like this, for non EU elderly people coming to Ireland.

As a Brazilian citizen, she is entitled to travel to Europe and Ireland, for a maximum period of 3 months and she does not require a Visa for it. Upon her arrival in Dublin, the immigration officer would only stamp her passport stating that her stay cannot overpass a period of 3 months.

However I would like her to stay at least a year with us.

Considering my immigration options, is it possible for me, to bring my mother to be my child minder for a period of 1 year?

Thanking you in advance for your kind help,

Leo

Pro Hoc Vice

If your parent is considered a member of the EU family members household then it may be possible, seek good legal advice as a messed up application will cause all kinds of trouble and this application requires the knowledge of someone who knows what they are doing. As I said the most important information in this case is the fact that your spouse is a Polish national.

on_my_oe

Judging by this document, you will need to meet the following criteria as a minimum;
Lived together in a marriage type relationship for two years
Been in possession of a Stamp 4 visa for two years or more
Have a net income of €602 minimum if the family member is not elderly; the figure increases to €60,000 net pa in the case of elderly parents and proven over three years
In the case of elderly parents, a VHI D category plan

There is also issues around whether you have other family members in Brasil; if so, it's probable that the application won't be viewed positively

http://www.inis.gov.ie/en/INIS/Family%20Reunification%20Policy%20Document.pdf/Files/Family%20Reunification%20Policy%20Document.pdf

Pro Hoc Vice

on_my_oe wrote: »

Judging by this document, you will need to meet the following criteria as a minimum;
Lived together in a marriage type relationship for two years
Been in possession of a Stamp 4 visa for two years or more
Have a net income of €602 minimum if the family member is not elderly; the figure increases to €60,000 net pa in the case of elderly parents and proven over three years
In the case of elderly parents, a VHI D category plan

There is also issues around whether you have other family members in Brasil; if so, it's probable that the application won't be viewed positively

http://www.inis.gov.ie/en/INIS/Family%20Reunification%20Policy%20Document.pdf/Files/Family%20Reunification%20Policy%20Document.pdf

You miss the EU angle.

From your link

For that reason, cases of the following type, where rights of reunification are essentially automatic once certain conditions are met, are excluded.
Claims of entitlement to residence as the family member of EU nationals exercising rights of free movement (these are dealt with under the Free Movement Directive and the Regulations drawn up to give effect to the provisions the Directive)

on_my_oe

Section 18 applies regardless of whether the sponsor is EU, Irish or S4, so they will need 60k pa net, a VHI D plan, and have evidence of two years cohabitation.

on_my_oe

PS I was verbally advised of similar in relation to my own family situation - married to EU citizen, on a S4 visa

Pro Hoc Vice

on_my_oe wrote: »

Section 18 applies regardless of whether the sponsor is EU, Irish or S4, so they will need 60k pa net, a VHI D plan, and have evidence of two years cohabitation.

No they do not.

Pro Hoc Vice

on_my_oe wrote: »

PS I was verbally advised of similar in relation to my own family situation - married to EU citizen, on a S4 visa

Then you got incorrect advice. As a barrister who practices in the area of immigration law and having taken many cases to the HC including a recent challange to the section 3 process I can tell you once you invoke Treaty Rights then different rules apply.

I will restate the quote from your own link

For that reason, cases of the following type, where rights of reunification are essentially automatic once certain conditions are met, are excluded.
Claims of entitlement to residence as the family member of EU nationals exercising rights of free movement (these are dealt with under the Free Movement Directive and the Regulations drawn up to give effect to the provisions the Directive)

flutered

why not the childminder route rather than the creche, or an au pair perhaps, if you tried this route and it did not work out would it give some crecence to your application, just thinking aloud.

lchang

Thanks guys for all your help!

Thank you "on_my_oe" for the pdf document. It was really helpful!

However, I have to agree with "pro hoc vice". When the Treaty Rights are invoked, different rules apply.

But how can I file a case if I would like to pursue this? How is the application? Do I have to go to HC or just send a letter to the INIS?

Basically we only need my mother here to assist us in minding our kids, so we can save some money to be used towards our house deposit.

I have thought the idea of a child minder or an Au Pair.

At the moment it is impossible for me to have an Au Pair. We live in a small apartment and would be impossible to share our reduced space with a stranger.

The child minder is indeed another option, however, we would not be saving enough in comparison if I had my mother here with us. In fact, we would save very little as a full time childminder would cost us something between 800-1k.

We would like to do things right. My mother will not seek permanent residence or naturalisation, nor she has any intention to remain in the State after giving us a hand.

But I also understand the financial burden that an non-Irish senior person can be for the State.

Pro Hoc Vice

lchang wrote: »

Thanks guys for all your help!

Thank you "on_my_oe" for the pdf document. It was really helpful!

However, I have to agree with "pro hoc vice". When the Treaty Rights are invoked, different rules apply.

But how can I file a case if I would like to pursue this? How is the application? Do I have to go to HC or just send a letter to the INIS?

Basically we only need my mother here to assist us in minding our kids, so we can save some money to be used towards our house deposit.

I have thought the idea of a child minder or an Au Pair.

At the moment it is impossible for me to have an Au Pair. We live in a small apartment and would be impossible to share our reduced space with a stranger.

The child minder is indeed another option, however, we would not be saving enough in comparison if I had my mother here with us. In fact, we would save very little as a full time childminder would cost us something between 800-1k.

We would like to do things right. My mother will not seek permanent residence or naturalisation, nor she has any intention to remain in the State after giving us a hand.

But I also understand the financial burden that an non-Irish senior person can be for the State.

Seriously go to a good immigration solicitor.