Permission to Reside for the Canadian parent of an Irish Child Citizen

If you are a non-EEA national with an Irish citizen child, you can enter Ireland and remain in the country for up to three years with stamp 4 permission. There are many intricacies with this route, and each application is treated individually.

Hence, you need expert immigration assistance to help you scale through the intricacies. For expert advice and assistance with your application for permission to remain, don’t hesitate to contact Total Law today at +1 844 290 6312.

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    What is permission to remain for a parent of an Irish citizen child?

    Being the parent of an Irish citizen means your child qualifies as an Irish citizen. A child qualifies for Irish citizenship by birth, descent, or naturalization.

    If your child was born in Ireland to at least one Irish parent, they automatically qualify as an Irish citizen. However, children born to two non-Irish parents after January 1, 2005, do not qualify for automatic citizenship.

    If your child was born outside Ireland and has Irish ancestry through their other parent or a grandparent, they qualify for Irish citizenship through descent.

    If your child has satisfied the citizenship conditions in Ireland and is registered as a citizen, you can then apply for your permission to remain as a parent of an Irish child citizen.

    If successful, this route leads to you being given Stamp 4 permission, allowing you to live and work freely in Ireland without a work permit.

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    What are the Requirements to Apply for Permission to Remain

    As the parent of an Irish citizen child or Irish citizen children, you must meet certain conditions before you may apply for permission to remain.

    1. You must be the biological parent of your child. If two people are applying for permission based on the same child, then they both must be biological parents of the Irish citizen child.
    2. Your Irish citizen child must be less than 18 years old
    3. Your Irish child must reside in Ireland full time
    4. Your child’s birth certificate names you as the biological parent
    5. You play a significant emotional or financial role in your child’s life

    You must be in Ireland before applying for permission to remain as the parent of an Irish citizen child.

    You must first complete a visa application to enter Ireland if you are outside of Ireland. When you have entered Ireland, you can now apply for this permission.

    You can only apply for permission to reside as the non-EEA parent of an Irish citizen child if your child is an Irish citizen. Therefore, if your child only has residence permission, you cannot apply for this visa.

    To find out if you qualify for this visa and what other options may be available to you if you do not qualify, kindly contact a Total Law immigration lawyer today by calling +1 844 290 6312.

    Applying for permission to remain in special circumstances

    Typically, you can only apply for permission to remain if your child is resident in Ireland and below 18 years.

    However, under special circumstances, such as when your child suffers from a mental or physical disability, you can apply for this permission if your child is above 18. In such a case, you must provide evidence that shows that they cannot live independently and need your assistance. Immigration service delivery will consider your application and judge if your request is valid.

    What happens when your child's birth certificate does not name you their biological parent?

    Suppose your child or children’s birth certificate does not name you as their biological parent. In that case, you must provide DNA evidence as proof of a biological link to the Irish citizen child. In addition to the DNA test result, you are to provide documentary evidence of the role that you have played in the child’s life.

    The service you use for the DNA test must be a Court Approved DNA Service to be legally defensible in a court of law. In addition, the service provider must confirm the chain of custody for the DNA sample and the identity of the person who submitted the sample.

    When you have made arrangements, ensure to inform the Irish citizen child unit of the location of the DNA service provider and the time you submitted the sample.

    You should note that ISD will not pay for the DNA service. You will have to do so yourself.

    The application process for Permission to Remain for people with existing permission to remain

    If a non-EEA national has stamp 1. 2. or 3 permission to stay in Ireland or a visa-required person entered Ireland through a long stay D Reside, Parent of an Irish citizen child visa, they can upgrade their immigration status to stamp 4.

    If you fall into this category, you need to visit your local immigration registration office to request permission.

    When going to the local registration office, you must take your Irish citizen child and original copies of your supporting documents.

    What supporting documents do I need if I have permission to remain?

    When going to the local immigration office to register for permission to reside as the non-EEA parents of Irish citizen children, you must provide the following documentation;

    • Your own passport, which must be valid
    • Your Irish child’s Irish passport
    • Your current Irish Residence Permit (IRP) or GNIB card
    • Your child’s birth certificate
    • Proof of your address in Ireland. You can show this through utility bills or letters directed to said address.
    • Documentary evidence of your child’s address in the State: this can be shown through a school letter directed to your child at that address.
    • Documentary evidence that you contribute to the emotional and financial well-being of your child.
    • A letter from your child’s doctor indicating that you regularly attend appointments with your child or a letter from your child’s school indicating that you attend meetings or pay their tuition will suffice.

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      The application process for Permission to Remain for people without existing permission to remain

      As a visa-required person, If you are in Ireland on a short stay visa or do not have valid immigration permission, whether visa-required or not, the application process for permission to remain will be different.

      In this case, you must fill out Form RES3, Application for permission to remain in the State on the basis of parentage of an Irish Citizen Child for a Non-EEA Parent.

      After filling out the form, you will send it to Residence Unit 4, Immigration Service Delivery, 13/14 Burgh Quay, Dublin 2.

      You will have to submit original copies of certain supporting documents when submitting the form. These include:

      • A copy of your own passport
      • Two passport-sized photographs
      • Your child’s birth certificate
      • A copy of your child’s immunization card
      • Documentary evidence that you contribute to the emotional and financial well-being of your child.
      • A letter from your child’s doctor indicating that you regularly attend appointments with your child or a letter from your child’s school indicating that you attend meetings or pay their tuition will suffice.

      Without submitting all the required documents, immigration service delivery will not process your application. So ensure to gather your documents carefully to avoid any delays.

      What happens if your application is accepted?

      The time it takes ISD to process your application varies. Typically, you can expect a response within six months of applying,

      If your application is approved, ISD will grant you Stamp 4 residence permission to reside in Ireland. This stamp allows you to live and work freely in Ireland without restriction.

      After ISD grants you permission, you must register the permission with your local immigration office. You have to take your child with you when going to the office.

      How Long Can you Stay in Ireland If your Application is Approved?

      There is no set time for all Stamp 4 residence permission granted. The time you get depends on your circumstances. ISD typically grants stay for between 6 months to 3 years.

      What happens if your application is refused?

      If your application is refused, ISD will inform you of their decision and reasons for refusal. There is no appeal process after a refusal, but you can make a new application for permission to reside.

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        What should you do when residing in Ireland?

        You can work in Ireland without an employment permit when you’re granted Stamp 4 permission to reside in Ireland. However, you will not be able to enjoy state benefits.

        As a resident of Ireland, you must abide by its rules and regulations.

        You must make efforts to gain employment to support your child financially, you must continuously reside in the state, and you must not engage in any criminal activities.

        Can Permission to Remain be Revoked?

        The Department of Justice may revoke your permission in Ireland under certain conditions. They include:

        1. If you fail to register your permission with your local immigration office as required by law
        2. It becomes evident that you submitted misleading or inaccurate information during your application.
        3. If you break the conditions of your permission
        4. New information shows that you are of questionable character, whether before or after you were granted permission. This includes details of criminal convictions.

        If your permission is revoked and you have no existing residence permits, the Minister for Justice may seek to deport you.

        How can Total Law help?

        Total Law’s excellent immigration lawyers are vastly experienced and have helped many clients apply for Irish immigration permission. So if you’re applying for permission to remain as the non-EEA parent of an Irish citizen child, we can help ensure that your application is smooth and successful.

        Our immigration lawyers will help you determine that you meet the eligibility criteria, guide you through each step of the process, and help you gather all the documents that prove your eligibility for permission.

        Our immigration lawyers are also on hand 24/7 to answer any questions you may have and help you find other means to live in Ireland with your child if you are not qualified or have been refused previously and can’t use this route. Call us today at +1 844 290 6312.

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                  Frequently Asked Questions

                  No. This permission only applies to parents of an Irish citizen child and does not entitle other family members to enter Ireland as dependents.

                  Certain permitted family members may be able to come into Ireland as your dependent through other visa types. For more details, contact Total Law today

                  To reside continuously in the state means that you live in Ireland full time during the period you were granted permission. However, you may be able to travel out of Ireland for short periods not exceeding 90 days.

                  No. There are currently no fees attached to making an application for permission to remain as the non-EEA parent of an Irish citizen child.