- Who qualifies as an Irish Citizen Child?
- Eligibility Requirement to Qualify for Permission to Remain
- How to apply for Permission to Remain
- Approved Applications
- If your application is refused
- What is required of you when residing in Ireland?
- Revoking your permission to remain
- How can Total Law help?
- Frequently Asked Questions
Who qualifies as an Irish Citizen Child?
To be considered the parent of an Irish child, your child must qualify as an Irish citizen. A person may be an Irish citizen by;
- descent; or
- through naturalization.
Not every child who was born in Ireland qualifies as an Irish citizen. To find out if your child qualifies by any of these means or for assistance in registering your child as an Irish citizen, don’t hesitate to get in touch with Total Law today
Eligibility Requirement to Qualify for Permission to Remain
As the parent of Irish dependent children, you will be eligible to apply for permission to reside if you meet the following eligibility requirements.
- You are the biological parent of the Irish citizen child
- Said Irish child is less than 18 years
- You are named the child/children’s biological parent on their birth certificate.
- Your Irish child resides full-time in Ireland.
- You play a significant emotional and financial role in your Irish child’s life
If you meet all of these requirements, you can apply for permission to remain on the basis of having an Irish child. However, if you cannot prove parentage through official documents like a birth certificate, then you may do so through a court-ordered DNA test result which you will need to pay for.
It is important to note this visa only applies to Irish citizens. Therefore, if your child only has residence permission to stay in Ireland, that does not qualify you for this visa. You can only apply for permission to reside in Ireland. However, you cannot apply for this permission if you currently reside in a different country.
How to apply for Permission to Remain
There are two routes through which you can apply for permission to remain as the parent of an Irish child.
- The first route applies to persons with existing permission to remain or enter Ireland through a D reside parent of an Irish citizen child visa.
- The second route applies to persons without valid immigration permission or in Ireland on a short stay “C” visa.
The application process for people with existing permission to remain
If you already have permission to remain in Ireland with stamp 1. 2. or 3, or you entered Ireland under the D Reside Parent of an Irish citizen child visa, you can upgrade your immigration status to stamp 4.
You will need to go to your local immigration office to request permission. You must take along your Irish citizen child and original copies of the following documents (photocopied documents will not be allowed);
- Your valid passport
- Your Irish child’s valid Irish passport
- Your current Irish Residence Permit (IRP) or GNIB card
- Your child’s birth certificate
- Documentary evidence of your address in Ireland: this can be shown 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.
- Evidence that you support your child emotionally and financially: this can be shown through evidence of attending doctor’s appointments together or attending school meetings with your child.
The application process for people without existing permission to remain
If you do not have valid immigration permission or you reside in Ireland on a short stay “C” visa, you must complete the 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 and send it to the Irish Department of justice office.
You will submit your completed application form with original copies of the following documents;
- A copy of your passport
- Two passport-sized photographs
- Your child’s birth certificate
- Copy of your child’s immunization passport
- Two lettered evidence that you support your child emotionally and financially: this can be shown through letters proving that you attend doctor’s appointments or school meetings with your child.
You must complete the application form and submit all the necessary documents unless the Irish immigration service will not process your application. If you require assistance with obtaining your documents or you do not know which documents are essential, please talk to one of our immigration lawyers.
Once your application is approved, you will be granted Stamp 4 residence permission to reside in Ireland for between 6 months and 3 years. The exact duration of your depends on your circumstance.
After getting your permission, you must make an appointment with your local immigration officer to register the permission. You must go along with your Irish citizen child to the immigration office and might be required to pay a registration fee.
If your application is refused
If your application is rejected, the Irish department of justice will inform you of their decision and their reasons for refusal in writing. There is no appeal process after a refusal; however, you can reapply for permission as the parent of an Irish citizen child after this refusal. You must pay attention to the reasons stated for the refusal of your previous application so that your new application can be strong from the onset.
Your application might be refused if you fail to submit all the necessary documents or there are mistakes in your application. If you intentionally submit false or misleading information on your application, then there may be different consequences, and you may be barred from applying for permission to remain in Ireland.
If your application is refused at a time when you do not have another immigration permission, the Irish immigration services might issue you might be subject to deportation under Section 3 of the Immigration Act 1999.
To avoid the delays that come with a refused application and the process of replying, you should work with our immigration lawyers to ensure that your first application is seamless. Our lawyers will ensure that all your documents are complete and that nothing is missing in your application.
What is required of you when residing in Ireland?
A successful application to reside as the non-EEA parent of an Irish citizen child grants you Stamp 4 permission to reside in Ireland. Stamp 4 permission allows you to live and work in Ireland without an employment permit. However, you will not be able to enjoy state benefits.
Once granted this permission, you are expected to abide by the rules and regulations of Ireland. It is also expected that you will continually play an emotional or financial role in your child’s life.
You are also expected to keep to the following conditions
- You will make all efforts to gain employment in Ireland so that you can support your child financially
- You will reside continuously in the State
- You will not engage in any criminal activities during your stay in Ireland
Revoking your permission to remain
You can only obtain permission to remain if you meet the qualifying criteria. Therefore, if you are granted permission, and then it is discovered that you do not meet these criteria, then the minister of justice may revoke your permission.
The Department of Justice may revoke your permission if;
- The information shows that you have broken the conditions of your permission,
- Information surfaces about your character or conduct (whether before or after you were granted permission), including criminal convictions,
- The information shows that you have failed to register your permission with your local immigration office as required by law,
- The information shows that you have provided false or misleading information to the Minister for Justice or other State authorities.
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 successfully apply for Irish immigration permission.
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 submitted correctly.
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.
Comprehensive immigration advice tailored to your circumstances and goals.
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During this untimed Advice Session with our professional immigration lawyers in London, you will receive our comprehensive advice, completely tailored to your needs and your situation.
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With our Application Package, your dedicated immigration lawyer will advise you on your application process and eligibility. Your caseworker will then complete and submit your forms to the Home Office on your behalf.
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By choosing our Appeal Package, you can rely on our lawyers’ legal knowledge and experience to ensure you have the highest chance of a successful appeal. We will also fully represent you in any hearings/tribunals.
Sequel to Brexit, UK citizens have qualified as non-EEA nationals. However, under the common travel area (CTA) agreement between Ireland and the UK, citizens from each country can travel, live and work freely in the other country without residence or employment permits. Thus, UK citizens need not apply for permission to reside with their Irish citizen child.
The permission to remain as the parent of an Irish citizen child only applies to one parent and does not entitle any other family member to receive such permission. Each parent qualifies for the permission-based on their right, and a civil partner who is not a parent of the Irish child may not be allowed this permission.
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 for the period you were granted permission. During your continuous residence, you may be able to travel outside of Ireland, but only for short periods. These periods of absence should not exceed 90 days cumulative or at a stretch within a calendar year. Staying outside of Ireland for long periods may negatively impact your future applications.