Immigration and residency

misspumpqueen · 18-08-2014 8:44pm #1

Hi, just wondering if anyone can help. My ex boyfriend and I have a child and he's asking me to help in his application for residency. Does anyone know what would be involved if I were to help him?

Thanks

ABajaninCork · 18-08-2014 8:49pm

What kind of help is he looking for? Is he saying that he's fathered an Irish child in order to get residency/citizenship? And has he legally been named as the father of the child?

misspumpqueen · 18-08-2014 8:54pm

ABajaninCork wrote: »

What kind of help is he looking for? Is he saying that he's fathered an Irish child in order to get residency/citizenship? And has he legally been named as the father of the child?

He wants me to write a letter to someone stating that the child is dependent on him. He would deny that, he says he loves her very much. And he is on the birth certificate as it was on a court order.

ABajaninCork · 18-08-2014 8:57pm

Bit confused. Who do you have to write the letter to and why - Is he supporting the child?

Are you comfortable doing that, OP??

misspumpqueen · 18-08-2014 9:02pm

ABajaninCork wrote: »

Bit confused. Who do you have to write the letter to and why - Is he supporting the child?

Are you comfortable doing that, OP??

He asked me if I could write a letter to a local councillor stating his role as father to the child. He didn't really say much else, other than that it would speed up his application and he expects it from me. He pays €20 a week sporadically - we've a court order since feb n he's paid 8 times.

I'm not comfortable if I'm honest. Not comfortable at all. But I'm thinking of my daughter so I'm just researching to see what happens. I haven't responded to my ex

robertxxx · 18-08-2014 9:03pm

Great, Another burden on Irish society.

ABajaninCork · 18-08-2014 9:06pm

misspumpqueen wrote: »

He asked me if I could write a letter to a local councillor stating his role as father to the child. He didn't really say much else, other than that it would speed up his application and he expects it from me. He pays €20 a week sporadically - we've a court order since feb n he's paid 8 times.

I'm not comfortable if I'm honest. Not comfortable at all. But I'm thinking of my daughter so I'm just researching to see what happens. I haven't responded to my ex

Then, if you're not comfortable, don't do it. I'm not sure how a letter to a local councillor speeds things up anyway. Local politicians don't have any input on the immigration process.

I take it the father's a non-EU national?

misspumpqueen · 18-08-2014 9:10pm

ABajaninCork wrote: »

Then, if you're not comfortable, don't do it. I'm not sure how a letter to a local councillor speeds things up anyway. Local politicians don't have any input on the immigration process.

I take it the father's a non-EU national?

I don't know how it should speed it up either.

Yeh, he's from outside Europe!

Marcusm · 19-08-2014 8:07am

misspumpqueen wrote: »

He asked me if I could write a letter to a local councillor stating his role as father to the child. He didn't really say much else, other than that it would speed up his application and he expects it from me. He pays €20 a week sporadically - we've a court order since feb n he's paid 8 times.

I'm not comfortable if I'm honest. Not comfortable at all. But I'm thinking of my daughter so I'm just researching to see what happens. I haven't responded to my ex

Maybe tell him that you would consider writing the letter if he regularised the position with respect to the payments under the court order?

Arbiter of Good Taste · 19-08-2014 9:36am

It's simple.

Is he asking you to put down in writing - and sign your name to - something that is inherently untruthful?

lawmajaw · 19-08-2014 10:28am

Your ex boyfriend is probably unlawfully resident in Ireland and may be in danger of deportation, or else his lawful residence may be ending soon and he is looking for a way to apply for new permission to remain her. He can acquire a permission to remain here on stamp 4 (allowing him to work) through the rights of his Irish child - ie the Irish child (an EU citizen) has a right to have a working parent in the state. THis was set down by the European Court judgment of Zambrano.

However the fundamental issue is that there must be a relationship of dependency between the Irish Child and the non-EU parent or the non-EU parent will not be granted stamp 4. If the Irish child is not dependent on the non-EU parent and the non-EU parent has very little to do with the child's life (does not look after the kid, or provide any financial support), then the Irish state is not obliged to provide the non-EU parent with a stamp 4 (which lasts for several years and will more than likley be renewed again and again until the child is 18, by which time, the non-EU parent will have acquired enough years of legal residency to apply for IRish citizenship.

You cannot say anything untrue to the Irish Immigration authorities but you could try using this as a bargaining chip - ie tell him that he if he back-pays you all of the money he owes you under the Court order, that you can at least tell the Irish Immigration Authorities that he is up ot date with his payments (and ask him to pay a year in advance??). Obviously you run the risk that once he is legally here and has what he wanted, future payments won't happen but you could threaten him with the fact that if this happens you will be informing the Irish Immigration Authorities - who may in future then withdraw the permission to remain if they are provided with proof that the relationship of dependency no longer exists.

I suppose ultimately it may be more for you about whether you want this man in your child's life or not.

misspumpqueen · 20-08-2014 9:42am

Thanks for your replies. At this moment, there is no relationship between himself and our child. He doesn't pay maintenance every week so she is not dependent on him. I am trying to think of her future and what is best for her but you are right, I cannot lie to the authorities. I don't think bargaining would work as he makes himself out to be the victim so there'd be no agreement.

jaymcg91 · 20-08-2014 9:44am

Refuse to write the letter then and then he'll be ****** out.

ABajaninCork · 20-08-2014 3:55pm

misspumpqueen wrote: »

Thanks for your replies. At this moment, there is no relationship between himself and our child. He doesn't pay maintenance every week so she is not dependent on him. I am trying to think of her future and what is best for her but you are right, I cannot lie to the authorities. I don't think bargaining would work as he makes himself out to be the victim so there'd be no agreement.

Like I say. Don't write the letter. He's got some nerve especially as he neither sees nor supports his child. What a bloody cheek!!

Tell him to pay for his kid, see her when he wants, but other than that? Leave you alone!!

Pro Hoc Vice · 20-08-2014 4:00pm

ABajaninCork wrote: »

Like I say. Don't write the letter. He's got some nerve especially as he neither sees nor supports his child. What a bloody cheek!!

Tell him to pay for his kid, see her when he wants, but other than that? Leave you alone!!

Just as an aside if he is illegally in the country he can not legally work or draw any welfare payment. We do not know what he wants other than her help with immigration which maybe no more than he is the father and I want him to pay maintance and I do or don't want him to have access all true. Otherwise he does not get a legal permission and is deported, really nice gift for the child.

ABajaninCork · 20-08-2014 4:06pm

Pro Hoc Vice wrote: »

Just as an aside if he is illegally in the country he can not legally work or draw any welfare payment. We do not know what he wants other than her help with immigration which maybe no more than he is the father and I want him to pay maintance and I do or don't want him to have access all true. Otherwise he does not get a legal permission and is deported, really nice gift for the child.

As the father apparently does not see the child, and pays the nominal court-ordered maintenance sporadically, then your point is moot.

The OP says the father wanted her to write to a local councillor in order to help his application for residency. But - AFAIK local politicians have no input on the immigration process. The father EXPECTS the OP to write this letter stating the child is dependent even though he apparently does little or nothing for the child. That would be lying to the authorities.

So - if the father is deported, IMO it's no loss to the kid.

Pro Hoc Vice · 20-08-2014 4:08pm

ABajaninCork wrote: »

As the father apparently does not see the child, and pays the nominal court-ordered maintenance sporadically, then your point is moot.

The OP says the father wanted her to write to a local councillor in order to help his application for residency. But - AFAIK local politicians have no input on the immigration process. The father EXPECTS the OP to write this letter stating the child is dependent even though he apparently does little or nothing for the child. That would be lying to the authorities.

So - if the father is deported, IMO it's no loss to the kid.

Your opinion, while local politicians have no input in the decision making process they do help people make applications.

Cushie Butterfield · 21-08-2014 3:59am

misspumpqueen wrote: »

He asked me if I could write a letter to a local councillor stating his role as father to the child. He didn't really say much else, other than that it would speed up his application and he expects it from me. He pays €20 a week sporadically - we've a court order since feb n he's paid 8 times.

I'm not comfortable if I'm honest. Not comfortable at all. But I'm thinking of my daughter so I'm just researching to see what happens. I haven't responded to my ex

That is what you have to do, as ten/fifteen years down the line she might resent you. Take your feelings towards his shortcomings out of it.

You can't lie either, so if he wants you to put in writing what his role is then that is what I would do. I'd tell him that you have been to your solicitor & he has advised you that you can't lie to the authorities, but that you are happy & willing to furnish him with a letter stating the facts in order to help him fast track his residency application

I'd ask him the name & address of the councillor/td & tell him that you will furnish the details he requires directly. The reason I suggest this is that you don't know for sure that he would use this letter to avail of help from a councillor.

In a short letter I would confirm that he is the father of your child & that he says that he loves her. I would also state that he is bound by a court maintenance order dated February 2014 to pay you €20 per week [*optional: & that as at the date of your letter you can confirm that you have received eight payments of €20 totalling €160]. [also optional:I would also state approximately the number of times he has seen her or requested to see her]. Say that if they require any further clarification or help that you can be contacted at your phone number/address.

Keep a copy of the letter in case you need to show it to your daughter in years to come. You could leave the optional bits out, if you felt that you could be accused by her of not being reasonable. Remember that she will only be thinking of her relationship with her father & not about money or how you were expected to make ends meet at the time, so look at it through her eyes.

By doing the above you will have co-operated fully with him & told the truth. Often it's not what you say, but what you don't say that paints a clearer picture.

Immigration and residency

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