Permission to Reside for the Non-EEA Parent of an Irish Child Citizen

How Can Non-EEA Parents Join Their Irish Citizen Children in Ireland?

If you’re the parent of an Irish citizen child, you may be eligible to apply for immigration permission to temporarily reside in Ireland.

You can do this by applying for a Stamp 4, which will allow you to live and work in Ireland for up to three years.

There are two main pathways you can take when applying for Irish residence permission. One is for if you have current permission to reside, and the other is for if you do not.

Each pathway has its own application process and eligibility requirements.

Note that regardless of the pathway you take, there is no application fee for this process.

What Are the Eligibility Requirements for Parents Joining Their Irish Citizen Children in Ireland?

In order to be eligible for the scheme, you must fulfil all of the following criteria:

• You are the biological parent of an Irish citizen child
• You are currently living in Ireland at the time of application
• Your Irish citizen child resides full time in Ireland
• You are involved in the upbringing of your Irish citizen child (emotionally or financially)
• Your Irish citizen child is under the age of 18
• You are named as the biological parent on your child’s birth certificate

If your name is not on your child’s birth certificate, you will need to get the it re-registered to include your name on it.

Your child may have acquired Irish citizenship by birth, by descent, or by naturalisation.

The scheme is not open for children who were born in Ireland but are not Irish citizens. Similarly, they will be not eligible if they are an EU citizen but do not hold a valid Irish passport.

What is Stamp 4?

Stamp 4 is the type of stamp you will receive from the Irish Immigration Service if your application for residency is approved.

With Stamp 4, you will be able to work in Ireland for the duration of your Stamp’s validity without having to obtain a separate Employment Permit. You will also be able to establish and operate your own business, as well as access state benefits and services.

You will not be able to seek employment while your application is still being processed. If you wish to work before you receive your Stamp 4, you will have to obtain a dedicated Employment Permit.

Your Stamp 4 will last anywhere from six months up to a maximum of three years.

The Irish Immigration Service will take a number of factors into account when determining the length of time for your Stamp 4 permission. This may include the role you play in the life of your Irish citizen child and your immigration and residency history, among other things.

I Currently Have Permission to Reside in Ireland. How Can I Apply to Join my Irish Citizen Child?

You can apply through this pathway if you have existing permission to stay in Ireland with Stamp 1, 2, or 3, or if you entered on a ‘D Reside Parent of an Irish Citizen Child Visa’.

In order to apply, you will have to attend your local immigration office with your Irish citizen child. You must also bring the following documents with you:

• Your own passport
• Your current Irish Residence Permit (IRP) or Garda National Immigration Bureau (GNIB) card
• Your child’s Irish passport
• Your child’s birth certificate
• Proof of your address in Ireland
• Proof of your child’s address in Ireland

Note that you must bring the original documents, as photocopies will not be accepted.

I Do Not Currently Have Permission to Reside in Ireland. How Can I Apply Join my Irish Citizen Child?

You will have to apply through this pathway if you don’t have valid permission to reside in Ireland, or if you’re in Ireland on a Short Stay ‘C’ visa.

If this applies to you, you will have to fill out form RES3, which is called the ‘Application for permission to remain in the State on the basis of parentage of an Irish Citizen Child for a Non-EEA Parent’.

In addition, you will have to provide the following documents:

• A colour copy of your passport
• Two passport photos, signed on the back by you
• A colour copy of your child’s birth certificate
• A colour copy of bio data page of your child’s current Irish passport
• Evidence of your child’s residency in Ireland, which should be at least two of the following:
  • A copy of their immunisation passport
  • A doctor’s letter confirming their attendance at medical appointments
  • A letter from their school/crèche confirming their attendance
• Evidence of your residency in Ireland
• Evidence that you play an active role in your child’s life
• Evidence of your relationship with the other biological parent of your child since your relationship began and prior to the birth of your child

After you have filled in the form and collected all the necessary documents, you will need to post your application to the Irish Immigration Service Delivery office in Dublin.

For more information about which documents you need to include and how to complete your application for residency, don’t hesitate to get in touch with one of our Irish immigration consultants on +44 (0)333 414 9244, or contact us online.

What Happens if My Application is Accepted?

If your application for permission to remain in Ireland as a parent of an Irish Citizen child is accepted, you will receive Stamp 4 permission and all the permissions and benefits that come with it.

Your Stamp 4 will be valid for any duration between 6 months to 3 years.

You will also need to make an appointment with your local immigration registration office in order to register this permission. You must bring your Irish citizen child with you to this appointment.

There may also be an additional fee to pay when registering your immigration permission to remain.

You may be refused approval for any future applications or application renewals if you fail to register your new permission at a local registration office.

What Happens if My Application is Refused?

If your application to join your Irish child citizen is refused, you will receive written notification from the Irish Immigration Service outlining the reasons for your refusal.

There is no means of appealing the decision if your application is refused. However, you’ll be able to re-apply for valid immigration permission to remain again at any time.

It’s important to ensure you know why your application was refused if you intend to re-apply. For example, you may have been missing important documents in your original application, or forms may have been filled in incorrectly.

In addition, your application may have been refused if you failed to inform the Immigration Service Delivery of any prior criminal convictions.

If you require assistance with the re-application process, IAS can help ensure that your application is fully complete, compliant and correctly filled in. We can help you in completing  every part of the RES3 form, as well as making sure that you have every piece of documentation needed to get your application approved.

Talk to one of our trusted advisors today on +44 (0)333 414 9244, or contact us online.

Will I Be Eligible to Apply for the Scheme Before I Enter Ireland?

Unfortunately, you are only eligible to apply for the scheme if you’re in Ireland at the time of your application.

If you require a visa to enter Ireland, you will first need to obtain the appropriate Long Stay ‘D’ Visa and then enter Ireland before applying for the scheme.

If you do not require a visa to enter Ireland, you will have to request temporary permission to enter Ireland to then apply at the port of entry. You will then have to attend a local immigration office and apply for permission to remain before this temporary permission expires.

When attending at your local immigration office, you must bring your Irish citizen child and all of the following:

• Your own passport
• Your child’s Irish passport
• Your child’s birth certificate
• Proof of your address in Ireland
• Proof of your child’s address in Ireland

In addition to this, note that you will not be eligible to apply for permission to reside in Ireland as the parent of an Irish citizen child if your child does not permanently reside in Ireland.

Will I Need to Provide DNA Evidence as Part of My Application?

As part of the application process, you may be asked to provide verifiable DNA evidence to prove that you are the biological parent of an Irish citizen child.

This may be the case if the Irish Immigration Service Delivery or Minister for Justice has any reasonable doubts that you may not be the biological parent of the Irish citizen child.

If you are asked to provide DNA evidence, you must use a Court Approved DNA Service. This is to ensure that any DNA paternity test results are legally defensible in court. You will also have to pay for the DNA test yourself.

The DNA service provider must be able to show chain of custody for the DNA sample, and confirm the identification of the people who submitted the sample using photographic identification.

You must also notify the Parent of Irish Citizen child unit of the time and location of your DNA test when you’ve arranged the appointment. This is because representatives from that department may also need to attend the test with you.

Is It Possible For My Permission to Remain in Ireland to be Revoked?

It is possible that you may have your permission to remain in Ireland status revoked if you:

• Have not meet the qualifying criteria
• Are found to have provided false information

If either of these apply, the Minister for Justice may revoke your permission to remain.

If you don’t have any other valid permissions to stay in Ireland, you may also be issued with a deportation order.

In addition, any of the following may lead to your permission being revoked:

• If you have broken the conditions of your permission
• If information about your character or conduct comes to light, such as criminal convictions (either before or after your permission was granted)
• If you failed to register your permission at your local immigration office
• If you provided misleading or inaccurate information to the Minister for Justice or to the Irish authorities

How Can IAS Help?

If you’re a parent applying for permission to reside with your Irish citizen child, it’s important that you have a thorough and concrete understanding of what you have to do in order to get your Stamp 4.

Luckily, IAS are here to help. We are a team of professional, capable and expert immigration consultants who can help you get your permission for residency application approved. As opposed to hiring an immigration lawyer, we’ll guide you through every step of the way and ensure that you have all the necessary supporting documents to get your application approved.

We can also help if your application has been refused and ensure that your subsequent application is successful by carefully considering why you were refused, and how to avoid another refusal.

For more information about our immigration services, get in touch with one of our immigration law experts on +44 (0)333 414 9244, or contact us online today.