Irish Born Babby

[foreignerinireland]

Hi all,
I am female from India, i arrived in ireland on student visa in 2006 in UCD, i met my boy friend, he is also from India. My boy friend is on stamp 4EUFAM from last 4 years & 6 months but he is seperated from his EU national wife since last years and he informed GNIB.His stamp 4 EUFAM would be expired in 2012.
Now we have a babby but we are not married as i am still on student visa. and my babby got irish passport on the bases of his father stamp 4.
Now my question is " On the bases of my irish child what would be my immigration status ? can i get any other stamp except stamp 2 ? etc etc.
What is DOJ rules in my case ?
Any suggestion/advise/help would be appreciated.
Thanks
Neelam

[Ben]

Now my question is " On the bases of my irish child what would be my immigration status ? can i get any other stamp except stamp 2 ? etc etc.

Being a parent to an Irish citizen child does not, in itself, convey any residence rights.

You may submit an application for naturalisation based on Irish associations. Good luck.

See also: Can Irish Born Child (in 2009)help Naturalise Non EEA parent.

[foreignerinireland]

Thanks for ur reply, but how could i apply for naturalization when i am on stamp2. For naturlaization you should be on an legal status but not student and i am on student visa.
Secondly , suppose if i apply for naturalization on the bases of my irish born child, this process will take years and i wana get out of study/college stuff. am a mother now and my child is my full time job, i can't afford child minder, Is there any way if i could go to GNIB and straight ahead they could give me any other status except student, i dont mind if work is restricted to me.
Any suggestions please.
Neelam

[Ben]

Thanks for ur reply, but how could i apply for naturalization when i am on stamp2. For naturlaization you should be on an legal status but not student and i am on student visa.

As I said, you can apply for naturalisation on the basis of Irish associations.

Secondly , suppose if i apply for naturalization on the bases of my irish born child, this process will take years and i wana get out of study/college stuff. am a mother now and my child is my full time job, i can't afford child minder, Is there any way if i could go to GNIB and straight ahead they could give me any other status except student, i dont mind if work is restricted to me.

Being a parent to an Irish citizen child does not, in itself, convey any residence rights.

If your partner divorces his wife and marries you, you will get Stamp 3.

[smalltime]

Get a solicitor and apply for stamp 4 IBC you will have 50 percent chance.
Or go to ICI first they are free. www.immigrantcouncil.ie or google ICI

Some people got it. Hope this helps

[Ben]

apply for stamp 4 IBC you will have 50 percent chance.

She will have a 0% chance because the Irish Born Child scheme ended nearly 5 years ago.

[smalltime]

I personally know a person who got it.

same situation as hers.

She wrote a letter to INIS no reply
Went to ICI for help. Actually ICI recommended to get a solicitor
Got solicitor two months later approved. I was in her victory party!!! looked at her stamp 4 in her passport in disbelief, but there it was stamp 4 for 3 years.
she was on stamp 2 for 5 years never illegal.

so there is hope.

[zafarzafar]

you have fairly good chances, get a solicitor and apply for stamp4

[El shaddai]

Naturalisation for Non Eu through an Irish Association is not recognised in Ireland. i knew few people that apply recently for the minor sibling of an irish born child, they all got the same letter from the DOJ. "NOT ENTITLE"

[archigabe]

You say your boyfriend has Stamp4eu fam since 2007 and he now has a child with you who is atleast one year old, which means he has also had a relationship with you since 2008. Which year did he get married to his E.U spouse, and when did they separate?

As far as the people who got residency in 2005 as parents of Irish citizen children,most successful applicants under IBC/05 were granted a renewal of their status in 2007 for a period of three years, and most will require a further renewal of their status in 2010.
So even those who were successfully granted residency in 2005 will have to go for a renewal on 2010.

As far as a fresh application goes, i'm not very sure if it will be successful.

[foreignerinireland]

Thanks all for ur replies.
My boy friend got married to EU national in 2004 and all together he is on stamp 4 since 4 years and 6 months.
In 2008 september they got seperated and since than we are together. his current satmp 4 EUFAM is valid till 2010. and on the bases of his stamp 4 my child got irish passport.
so again my question is " what will a mother of a little child will do if she can't live in ireland with him" ?
too many complecations....

[foreignerinireland]

sorry my partner's stamp 4 EUFAM is valid till 2012

[Ben]

so again my question is " what will a mother of a little child will do if she can't live in ireland with him" ?

And again the answer is:

Being a parent to an Irish citizen child does not, in itself, convey any residence rights.

This fact does not changed no matter how many times you ask.

For those referring to the IBC scheme, it ended nearly five years ago for new applicants. Those people already resident in Ireland on the back of this scheme are usually able to renew their status upon expiry.

foreignerinireland, you have two viable options if you seek long term residence in Ireland:

• Apply for naturalisation based on Irish associations. I have already provided you with a link to relevant information and definitions.
• Marry your partner after he is divorced from his current wife. Then you will get Stamp 3.

[walrusgumble]

has your boyfriend informed the department being informed of his change of circumstances?. if so, did the department grant to him a new card stamp 4, or tell him not to worry come back in 2012

if not, He should be ok with Article 13 of the directive 2004/38ec, (which makes clear that its at initation of divorce as oppose to separation.) However, No doubt the state will try other ways to make trouble and will be fuming with the directive as being an oversight, considering the 4 years wait in order to divorce

department might be of the view, no doubt incorrect considering the wording of Article 13, that the marriage was over since 2008, therefore periods from separation to present are not actually valid residency as he is no longer in a "subsisting marriage" with an EU citizen.

Point being, maybe, if he has not done so yet, make sure he has status on his own account. the department might try and nab him when he wishes to apply for citizenship, by spouting something like the last eg 2 years, although on evidence were legally, where not in compliance with the directive that he is living/subsisting realtionship with an eu national excercising their free movement rights.

What month did he marry? was separation in september 2008, the actual time the marriage broke down or when a formal/legal separation was granted (therefore leading to at least three years subsisting marriage considering the 1 year requirement). Is there any children and maintenance requirements from this marriage? he should gather up documentary proofs of a subsisting marriage for three years, as back up. Hopefully he is working at present

If he has being granted permission to stay regardless of the breakdown in the marriage, you will be fine. in the good days, you would certainly have get stamp 4. but, with the current economic situation, as one posters said, stamp 3 might only be given. better than nothing, and better than stamp 2 for future citizenship aspirations.