returning Returning to Ireland with my Irish born child.

[lijaps]

Returning to Ireland with my Irish born child with a non national child. I had my child in 2003 but left the country without getting my residency. I got all his Documents. I am planning to return back to ireland with him and his sibling. What are my chances as a non national? I also tried applying for a UK visa back in 2006 and was refused based on the fact that a deportation order has been issued to me. This i never got because i had left the country on my own. What are my chances in all? How do i get this order revoked?

[IntegratedMigrant]

I think you should see an Immigration Lawyer about this

[lijaps]

Wow!!...okay.. Have any contacts pleases..immigration lawyer? Any immigration Lawyer on the forum..please advise.

[IntegratedMigrant]

People on this Forum always recommend Brophy Solicitors. Phone: 01 679 7930

[lijaps]

Thanks

[Brigid from Ireland]

Which country issued the deportation order?

If it was the Republic of Ireland, can you get a copy of the deportation order? (A copy should be obtained if you request under Data Protection law).

If you can get a copy of a deportation order issued against you by the Republic of Ireland in 2006 when you were the parent of an Irish citizen child you have a fairly good case for returning to Ireland.

Your basic case would be that you were aware of the deportation order and left the country because you are a person who obeys the law and thought you were legally required to leave.

[lijaps]

Thank you Brigid. It was the Irish GovernMent that i was told issued the order. I got to know when i wanted to renew my Uk visa in 2006....so my guess is that it was issued between 2004 - 2006. How do i go about obtaining the order like you have just advised?

[Brigid from Ireland]

Send a letter or e-mail to the department (Justice?) or office that issued the deportation order. An e-mail is better as you have proof you sent it.

The letter states 'I request details of all personal data held and details of those to whom that data has been transmitted. I make this request under the Freedom of Information and Data Protection Acts. I make this request on my own behalf and also on behalf of my (named) minor child' Then also your name, date of birth, any identifying number, former address.

If they issued an order to you that order is your personal data, so they will forward a copy of it to your current address within a specified time limit (about three weeks).

Make the same request to the office that issues/refused to issue the UK visa in 2006. If they refused on the basis of an Irish deportation order they may have it on file, so you have two chances to get proof a deportation order was issued.

PS You don't want to mention that you only became aware of the order when you were in the UK. You lose rights if you left Ireland to go to the UK without being aware of the deportation order.

The Irish born child scheme only applies to those who stayed in Ireland to mind the Irish citizen child, or to those who left because of deportation. If you left on a voluntary basis, this reduces your rights.

[lijaps]

Thank you so very much for the detailed guidelines..much appreciated. Am presently in Nigeria, do i use the address then?.. And upon receiving the mail from them..what will be the next step. ? I want to send d letter Asap and also like u drafted.

[Brigid from Ireland]

You ask them to send their response to your address in Nigeria.

If you can remember the address you used in Ireland, you give that information. 'I used to live at ?? address' - the idea is that you give the information needed to allow them to find the data you are looking for, so that they can send a copy to you.

The basic idea is that the Irish citizen child could not be deported. Deportation of the parent of the Irish child effectively meant that the child was also deported, as the child cannot support themselves in Ireland without a parent. Therefore the opinion is held that the child was in practice deported if the parent was deported. Parents of citizen children who were deported by force (ie picked up by police and put on a plane out of Ireland) have a right of return. They have a strong case.

Your case is weaker, because the state did not put you on a plane. Therefore you make the case that you knew about the deportation order (this is easier to do if you can show that the deportation order was issued and exists) and left because of the deportation order.

The next step once you get a copy of the deportation order is probably to contact an Irish solicitor, explain that you left Ireland because you knew about the deportation order, and now want to return as you realise parents of Irish citizen children were not subject to deportation orders. It may be a difficult case to win, but you have a better chance if you show the deportation order.

Alternatively if you can get to Ireland (eg on a student visa) you are very difficult to deport once you have been living here minding your citizen child for a year or so.

[Brigid from Ireland]

'Parents of Irish citizen children who were previously removed from the State by deportation order, and who wish to now re-enter the State to reside with their Irish citizen child or children, may now seek a revocation of that deportation order. Those subject to deportation orders should apply in writing to the Repatriation Division of INIS as set out, specifying their desire to have the deportation order lifted to enable them to re-enter the State. Those parents of Irish citizen children who reside outside of Ireland but were never deported from the State now have the option of entering the State to reside and work. If they are visa required, they must apply online for a visa.

A non-EEA national who does not have a current permission to remain in Ireland and who wishes to request a review of their case should write to the Repatriation Division, Irish Naturalisation and Immigration Service, Department of Justice and Equality, 13-14 Burgh Quay, Dublin 2.'

Get a copy of the deportation order first. Once you have that write to the address above yourself if you cannot afford a solicitor and request permission to return to Ireland, as you left because of the deportation order.

[Directive/2004/38/EC]

What is the citizenship of the other parent of the two children? Will they be accompanying you?

[lijaps]

Dear Brigid, couldn't find any email add except this..do I go ahead and write them instead? Do you have any email add FO̶̲̥̅̊Я̩̥̊ them
Repatriation Division ( Leave to Remain, Subsidiary Protection, Deportation and Removal Orders, Dublin II Regulation, Voluntary Returns)
If your query relates to Leave to Remain, Subsidiary Protection, Deportation and Removal Orders, Dublin II Regulation, or Voluntary Returns you should write to
 
Repatriation Division,
Irish Naturalisation and Immigration Service
Department of Justice and Equality
13/14 Burgh Quay
Dublin 2