Non EU 'Relocating' back to Ireland with an Irish child or EU husband

booksale · 12-12-2018 02:09AM #1

Hi,

I'm just very confused when reading the information on INIS, and hope someone can help here.

I was on student visa then work permit in Ireland years back. Later I married to an EU citizen in Ireland, I got a stamp4. Our baby was born in the process. A few months after I got the stamp4, we moved out of Ireland. And now after 4 years, we are planning to move back. We have already got a property in Cork.

I don't need a visa to enter Ireland and can stay for maximum three months, but since I am a non-EU, I need a permission to stay and to get the IRP: Irish Residence Permit.

Initially, I was thinking to apply for the permission to stay through my Irish kid. But I got confusing information from the INIS web site.

I read that :

'From the 1st October 2015 all new applications for permission to remain in the State on the basis of parentage of an Irish Citizen Child from a Non-EEA parent who does not have an existing immigration permission must be submitted on the Irish Citizen Child Application Form to Residence Unit 4, INIS, 13/14 Burgh Quay, Dublin 2.'

http://www.inis.gov.ie/en/INIS/Pages/Applications%20for%20Permission%20to%20remain%20in%20the%20State%20on%20basis%20of%20Parentage%20of%20an%20Irish%20Citizen%20Child%20%E2%80%93%20For%20Non-EEA%20Parent

Does it mean that I need to fill the form and send it to INIS?

However, in FAQ, I read: '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'

http://www.inis.gov.ie/en/INIS/Pages/parents-of-irish-citizen-children-faq

So I am very puzzled. What kind of permission the officer at the airport will grant me after I tell them that I am going to stay in Ireland with my Irish child and EU husband? Is it a permission to stay on the basis of parentage to Irish child? Thus I don't need to apply to INIS with the permission and just go straight to the Cork garda station with the registration office to have the IRP done? I wish it would be that easy. Please help.

THANKS!

Marcusm · 13-12-2018 08:11AM

As the spouse of an EEA national you have an entitlement to enter and remain in Ireland. You cannot be charged for any visa processes.follow this link.

http://www.inis.gov.ie/en/INIS/Pages/EU%20Treaty%20Rights

PhoenixParker · 13-12-2018 08:48AM

You can do either - Irish citizen rights for your child or EU treaty rights for your husband.

The key is to pick one and follow the process.

booksale · 13-12-2018 08:51AM

Thanks Marcusm

But according to INIS, it takes 12 months to get right to stay because of my status as EU spouse.

And it takes 6 months (still a lot) to get using my status as parent to an Irish child.

Am I correct that while I’m waiting I can’t work in Ireland?

Marcusm wrote: »

As the spouse of an EEA national you have an entitlement to enter and remain in Ireland. You cannot be charged for any visa processes.follow this link.

http://www.inis.gov.ie/en/INIS/Pages/EU%20Treaty%20Rights

booksale · 13-12-2018 08:56AM

THAnks. Phoenix Parker. I’m just a bit confused with the route to do it via the Irish citizen rights for my child.

Do I need to fill a form and wait for 6 months? Or I just get a permission to enter based on parentage to Irish child when at airport then go straight to a Garda station near my place in cork and get the registration done.

If this is the case, I would much prefer this than the route as Eu spouse.

I can’t ecen find a number to call INIS related department to ask to clarify my confusion. And they asked me to post while indeed we are going back 26 Dec.

PhoenixParker wrote: »

You can do either - Irish citizen rights for your child or EU treaty rights for your husband.

The key is to pick one and follow the process.

Del2005 · 13-12-2018 04:36PM

Is your child an Irish citizen? If it's born after 2005 they might not qualify for Irish citizenship.

http://www.citizensinformation.ie/en/moving_country/irish_citizenship/irish_citizenship_through_birth_or_descent.html#startcontent

booksale · 13-12-2018 05:01PM

THANK, Del2005

My child has got an Irish passport as she was born here before we left Ireland.

I don't need visa to enter Ireland and I will tell the officer I intend to stay with my husband and child in Cork where we have got a property already. Just wonder whether I need to fill the form and wait for 6 months or I can just get my IRP in the local registration office in Cork. It's confusing on INIS web site as stated.

PhoenixParker · 13-12-2018 05:42PM

booksale wrote: »

THANK, Del2005

My child has got an Irish passport as she was born here before we left Ireland.

I don't need visa to enter Ireland and I will tell the officer I intend to stay with my husband and child in Cork where we have got a property already. Just wonder whether I need to fill the form and wait for 6 months or I can just get my IRP in the local registration office in Cork. It's confusing on INIS web site as stated.

I think but amnt certain, you fill in the form per INIS and send the documents. Then when you get your decision letter you bring that to the gards in Cork who do the passport stamp and final part of the process.

The Gards don't make the decision or grant, they just do the final certifying bit. It saves you a trip to have INIS do it in Dublin.

Under His Eye · 13-12-2018 05:43PM

The airport officer is only able to give you a 3 month visitors stamp.

booksale · 13-12-2018 06:19PM

THANKS, Phoenix Park and Under His Eye.

Yes, I am preparing that I need to fill a form and wait for at most 6 months, which I don't want to but unfortunately might be my case.

My friend who married to an Irish just needed to go straight to a garda station (as registration centre). But my case is different as I am seeking right to stay based on parentage of an Irish child.

And the airport officer indeed can give more than just visitor stamps. I got stamps from officer with reasons written in by them why I went to Ireland (my case: work holiday and study) and the time limit that I needed to go to D2 to get GNIB card.

Guess I just need to wait till I get to the airport and things will be clear. I will prepare the documents to present in airport when asked.

I will let you guys know then.

booksale · 11-01-2019 11:48AM

Hi, all,

Just wanna tell people who are in a similar situation as mine (Non EU married to EU citizen who wants to settle in Ireland/ Mother to an Irish child) that the procedure:

1. When you get to the airport, tell the officer you are going to stay, have documents ready (marriage certificate, child's birth certificate etc etc) (apply for proper visa if you need so, don't come in as a visitor)

2. I was given three months and asked to talk with a police officer in local garda station.

3. You need to make a booking with the police officer in the local garda station. I was told by the officer that I needed to fill a form. And because of Brexit, now there is a huge number of application. So do so ASAP.

4. Download correct form to fill and send out. I was told it is quicker to get residency and citizenship through Irish child. But I will apply as EU spouse because I am thinking to further my education in three years and they only give funding to Irish/ EU citizens and people on stamp 4 because of EU spouse and family status.

5. Once the form is filled, send to INIS. About a month of two, you will get a temporary IRP, with that you can work legally in Ireland.

Hope that help.

Under His Eye · 11-01-2019 11:49AM

You were given 3 months under what stamp number at the airport?

booksale · 11-01-2019 11:53AM

It is a stamp with content as below:
'Permission to remain in Ireland until 26 March 2019 (date is handwritten by immigration officer) for the purpose of 'to reg' (filled by immigration officer)'.

The officer assured me that I will get the letter from INIS before 26 March 2019 to acknowledge my application thus a temporary ID card.

PhoenixParker · 11-01-2019 12:10PM

I presume it's the visa free holiday/visit entitlement which is usually 90days max for non-visa required foreign nationals.

booksale · 11-01-2019 12:33PM

Hi, PhoenixParker,

It is not the same as visitor stamp as I got visitor stamp before and the content is different.

Non EU 'Relocating' back to Ireland with an Irish child or EU husband

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