Zambrano

[KR1953]

Hi we are the parents of Irish born child and we voluntarily left the state. we want to come back to Ireland. We came to know that Zambrano rule does not apply to the people who are not ordinarily resident. Can anybody tell us if there are any success stories in such case. thanks

[IntegratedMigrant]

When you said you voluntarily left the state, what do you mean by that? There are few ways of leaving voluntarily you know and in your case, does the Irish government knew that you left voluntarily?

Cos if they dont, you can find your way back and apply for Zambrano I think

[KR1953]

I mean to say we relocated ourselves to India and at the momment we dont have a valid visa to come back to Ireland

[wiggsy]

what the integratedmigrant is asking is:

does ireland know that you are not in ireland now... did they deport you? or did you fund your flights etc yourself.

is the irish child (does the child have an irish passport?) with you now?

[Brigid from Ireland]

Can either parent get a work visa or a student visa to come to Ireland? If you can get a work visa and work for three years, this may confer ordinary residence in Ireland upon the family.

I have found the following definition for ordinary residence. This definition suggests that you may be ordinarily resident if you left less than three/four/five years ago. When did you leave? (The definition of tax residence also appears to be relevant.)

'An individual becomes ordinarily resident in Ireland if she has been tax resident here for each of the three immediately preceding tax years.

Once a person becomes ordinarily resident, she will continue to be ordinarily resident here until she has been non-resident for three consecutive income tax years.'

[Brigid from Ireland]

Read the rules on tax residence and ordinary residence and if you think you are ordinarily resident based on these rules, apply for a visa to return to Ireland.

[KR1953]

First of all i thank all of you for your suggestions. We came out of the Ireland voluntarily..we were not deported. At the momment the kid is with us and he is in possession of Irish passport. We left Ireland in 2009, so it would be less than 3 tax years. I was just wondering whether any parents with similar case were granted residence based on Zambrano...thanks

[IntegratedMigrant]

To make long story short, since you returned to your country voluntarily and was never the subject of a Deportation Order, you are not eligible to apply for Zambrano under Zambrano Law.

The Zambrano Judgment does not apply to any person who left Ireland of their own volition

[wiggsy]

does zambrano apply if the child excersises treaty rights / leaves the member state?...

if you can get back to Ireland LEGALLY? apply for zambrano once in ireland. - even if your visa expires, they wont then be able to deport you... - having a valid visa (visit or other) to enter Ireland will at least get you there...

(This wouldnt be legal entry but: Get to UK based on EU FAM and its pretty easy to get into republic of ireland from the north (which is uk) - i think illegal entry into the country goes against you though ? - unlike overstaying a visa? - if anybody can say anything on that? - BTW: Im not suggesting you do this... but ... = cant you apply for another visa for ireland?)

here you go:
http://www.immigrantcouncil.ie/images/s ... onals1.pdf

you dont need to pay a visa fee for applying to join your son in ireland... as you are the family member of an EU citizen (which Ireland includes Irish citizens in the fee waiver)...

nothing to loose in an application - except some time! so good look!

[daniel500]

Is the zambrano ruling and the IBC 2005 the same in respect of their entitlements and benefit in the country?Can anyone shed more light on that for me pls?

[frei]

Is the zambrano ruling and the IBC 2005 the same in respect of their entitlements and benefit in the country?Can anyone shed more light on that for me pls?

People who acquired residency on the basis of Zambrano ruling have right to full access of benefit.

[Cecil]

does anyone really know how long it takes to get the residency permit applied for on the basis of Zambrano judgement? I have applied, no acknowledgment was given as per receipt of my application. I have sent two more letters requesting acknowledgment, yet no response.

I also want to know if there is a phone number i can call or email address i can use to contact them and at the same time track my application.

[chaoclive]

Check the 'contact us' section on the INIS website to see if you can find the email address for the relevant department.

where exactly did you send the application? provide the name of the department and someone might have contact info

[appealalready]

https://www.gov.uk/government/publicati ... 11-to-2013

This table below shows the number of Zambrano applications, broken down by case-type, received from 1 March 2011 to 30 September 2013 (which is the latest date for which figures are available).

The case-types are split by case outcomes, including cases refused and cases granted. Cases which are still are still awaiting a decision come under the ‘pending’ category.

Figures have been rounded to the nearest 5 (- = 0, * = 1 or 2) and may not sum to the totals shown because of independent rounding.

Case-type Granted Refused Rejected Other Pending Total
EEA Zambrano 95 1170 1725 105 780 3875
EEA - Zambrano - Direct Family Member 20 185 40 45 570 860
EEA - Zambrano - Extended Family Member - 15 5 10 95 125
EEA - Zambrano - Spouse/Civil Partner - 5 * 5 25 35
TOTAL 115 1375 1770 165 1470 4895
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