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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10534
Experience:  Barrister 17 years experience
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I am an Asylum seeker in Ireland living Ireland a year. My

Resolved Question:

I am an Asylum seeker in Ireland living Ireland for over a year. My application status is under process and I am not in appeal yet as I have not received my interview result.
My Romanian girlfriend is pregnant of 6 months and living with me. We are not married yet. If my child is born in Ireland he will become an Irish citizen, being a father of an Irish child, would I be able to upgrade my status to Stamp 4 or what kind of Immigration upgradation or facilities I could get in that situation.
Thank you
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. Under the Zambrano decision of the European Court of Justice, the father of an EU citizen child, SUCH as an Irish child, is able to live and work anywhere in the EU to support that child. This means that the parent is entitled to a visa to live and work in the country they are in, such as Ireland, until the child is 18 to support that child.

Expert:  Buachaill replied 1 year ago.

2. Accordingly, you will be entitled to a five year visa to live and work in Ireland to support your child, if it is an Irish citizen, once it is born. This entitlement applies irrespective of the outcome of your asylum application. For example, should your asylum application be refused, you can still make a fresh application based on your parentage of your Irish child to live and work in Ireland.

Expert:  Buachaill replied 1 year ago.

3. You can go to the website of the Irish Immigration & Naturalisation Service www.inis.gov.ie where you will find further information such an application as well as the forms to fill in to process your application.

Expert:  Buachaill replied 1 year ago.

4. PLease Rate the answer as unless you Rate the answer your expert receives no payment for answering your question.

Customer: replied 1 year ago.
If my child is born here would the child be an Irish citizen? After birth when can I apply for stamp 4?
Thanks
Expert:  Buachaill replied 1 year ago.

5. A child born in the island of Ireland on or after 1 January 2005 is entitled to Irish citizenship if they have a British parent or a parent who is entitled to live in Northern Ireland or the Irish State without restriction on their residency. A child born in Ireland to a parent who has been granted refugee status is also automatically entitled to Irish citizenship. The romanian mother would be entitled to live in the Irish state without restriction on their residency. Accordingly, the child would get Irish citizenship on birth.

Customer: replied 1 year ago.
Thank you sir,
Would I be able to apply for 5 years visa after 15 days after my child born? Thanks
Expert:  Buachaill replied 1 year ago.

6. Yes, you can apply once your child is born. However, you will need the child's Birth Certificate to apply. So, you first need to get a Birth Certificate issued for the child.

Buachaill and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much for the useful answers.

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