stamp 4EUFam expired and having a child soon.

[khan24]

HI All,
I was married to a Eu national and i got divorce after 3 years & 3 months; however the divorce proceedings started after 2years when she applied for divorce in her country. My solicitor made an application (5 months ago and still waiting for decision) on an Independent (working full time) basis of 5 years residency due to my stamp 4EUFam was expiring; now my stamp 4EUFam expired last month and I’m having a baby within two months’ time with my girlfriend (American national visiting),I want to know if the child born in Ireland will gets Irish citizenship on the basis of myself living in Ireland from last 5 years on residency. Currently my stamp expired and waiting for my independent status. I would be appreciated if someone can give advice me on this matter. Many Thanks in Advance.

[fatty patty]

Since you were on EUFAM stamp for more than 4 years the child born to you will be eligible for Irish passport. Your case in your own rights is pending that does not mean it is refused.

http://en.wikipedia.org/wiki/Irish_nationality_law

[khan24]

Thank you fatty patty for your reply; it is stated that “a legal resident of the island of Ireland for three out of the 4 years preceding the child's birth”. But my stamp expired last month and it will remain the same when the child (unless my independent status application is accepted) will be born so this gap of 2 ½ months will have any effect on the decision of child nationality ?
Entitled to Irish citizenship if your parents are Irish. Entitled to Irish citizenship, if your parents are foreign nationals legally resident in the island of Ireland for 3 out of 4 years immediately prior to your birth.
The letter of application must be accompanied by evidence that the parent or parents have reckonable residence in the island of Ireland for at least 3 out of the previous 4 years immediately before the birth of the child. (Periods awaiting a decision on refugee status or residency granted specifically for the purpose of study are not counted as reckonable residence.)
http://www.citizensinformation.ie/en/mo ... scent.html

[Directive/2004/38/EC]

Since you were on EUFAM stamp for more than 4 years the child born to you will be eligible for Irish passport. Your case in your own rights is pending that does not mean it is refused.

http://en.wikipedia.org/wiki/Irish_nationality_law

This case is not 100% clear.

I was married to a Eu national and i got divorce after 3 years & 3 months; however the divorce proceedings started after 2years when she applied for divorce in her country. My solicitor made an application (5 months ago and still waiting for decision) on an Independent (working full time) basis of 5 years residency due to my stamp 4EUFam was expiring

You say she applied for divorce in her home EU member state. Was she residing there at the time? Has she continued to reside in Ireland as well?

This is a very tricky area of law in Ireland. What does your solicitor say?

You should have word back from DoJ within 6 months of your application. So news will come soon!

[khan24]

No she was living in Dublin... she went to her home country and applied there,no she left Ireland for good.I know ..I'm still waiting for my applications decision ..my solicitor sent a reminder to them so finger cross.

[Directive/2004/38/EC]

No she was living in Dublin... she went to her home country and applied there,no she left Ireland for good.I know ..I'm still waiting for my applications decision ..my solicitor sent a reminder to them so finger cross.

She was living in Ireland.
She left Ireland and moved back to her "home" country.
Once there she filed for divorce.
She has not been back to Ireland.

Is that correct?

[khan24]

she was living in ireland,she went to her home country for holidays where she filed for divorce,when she came bck she moved to another eu country,no she was not.she left for good.

[Directive/2004/38/EC]

It will be interesting to see if you get the residence card. This is a not very clear area of law.

See a description at http://brophysolicitorsimmigration.blog ... ce-in.html

[khan24]

thanks for your info ... My solicitor made an application on an Independent basis of 5 years residency.here I want to know if the child born in Ireland will gets Irish citizenship on the basis of myself ? my stamp expired last month and it will remain the same when the child (unless my independent status application is accepted) will be born so this gap of 2 ½ months will have any effect on the decision of child nationality ?

[Directive/2004/38/EC]

I think it depends on the outcome of your EEA retention application.

If you have indeed retained, then I think (not knowing enough about Irish citizenship law) your child will have citizenship.

If you have not retained, then I think the government would argue that the child does not have citizenship because you will not have status at the birth of the child.