The Department of Justice has now published a policy on the application procedures for parents of EU citizen children applying for residence in the State. The department has created two distinct forms to be requested and filled out by such applicants.

As a non-EEA national in Ireland, you may be eligible to apply for a right of residence based on Article 20 of the TFEU and the Judgments of the Court of the EU in three cases; Kunqian Catherine Zhu, Man Lavette Chen, -v- Secretary of State for the Home Department (Case C-200/02), London Borough of Harrow -v- Nimco Hassan Ibrahim and Secretary of State for the Home Department (Case C-310/08), and Maria Teixeira -v- London Borough of Lambeth and Secretary of State for the Home Department (Case C-480/08).

The Department of Justice have created two application forms on the basis of the Chen and Ibrahim/Teixeira judgments.

In order to be eligible to apply for permission to reside in Ireland under the Chen judgment, you must:

• Be a non-EU national, resident in Ireland
• Be the primary carer of an EU citizen child who is residing in the State or the minor sibling of an EU citizen child whose primary carer is the same primary carer as the EU citizen child
• Hold comprehensive medical insurance and sufficient resources so as not to be a burden on the State

The EU Citizen child must be under the age of 18, and be a resident of any EU member state, excluding Ireland.

 

To be eligible to apply for residency permission under the Ibrahim/Teixeira, you must be the parent or primary carer of a child of an EU national who woks or has previously worked in Ireland. This child must be enrolled in full time education in the State.

You may also be eligible to apply for residency permission under this judgment where you are the non-EU national child of an EU national who works or has worked in Ireland and is engaged in full time education in Ireland.

Additionally, the following conditions must be met;

• You entered the State when the EU National parent was exercising their rights in the State
• You are currently resident in the State
• You have comprehensive medical insurance
• You have sufficient resources for yourself and any dependents living in Ireland so as not to be a burden on the State
• You are the primary carer of the EU citizen child
• The EU citizen child is under the age of 18
• The EU citizen child is a citizen of an EU member state, excluding Ireland
• The EU citizen child is resident in the State

For more information on this new application procedure, please see the link below:

EU Treaty Rights – Immigration Service Delivery

If you have any queries relating to this article, please contact Berkeley Solicitors to arrange a consultation with one of our experienced legal advisors.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.