EU Citizen Children Residing in Ireland with Non-EEA National Parents
The rights of EU citizen children living in Ireland or other EU Member States are protected under Article 20 of the Treaty on the Functioning of the European Union (TFEU). These rights have been reinforced by several landmark European Court of Justice (ECJ) rulings.
Key ECJ Cases on EU Citizen Children’s Rights
The following cases confirm the rights of non-EEA national parents who are the primary carers of EU citizen children:
- Zhu and Chen v Secretary of State for the Home Department (C-200/02)
- Teixeira v London Borough of Lambeth and Secretary of State for the Home Department (C-480/08)
- Chavez-Vilchez v Raad Van Bestur De Sociale Verzekeringsbank & Others (C-133/15)
These cases establish that an EU citizen child has the right to reside in an EU Member State, and their non-EEA national parent may also be granted residence permission if their presence is essential for the child’s well-being.
Non EEA Parents of Irish Citizen Children
Following a landmark judgement from the European Court of Justice in March 2011, in the case of Ruiz Zambrano v Office National De L’Emploi (Case C-34/09), the Court established the right of non-EEA parents of an Irish citizen child to reside in the EU. In response, the Minister for Justice introduced a scheme allowing eligible non-nationals to apply for Stamp 4 residence permission on this basis.
Non-nationals who are lawfully resident in the State may attend their local immigration office with their Irish citizen child and provide the necessary identification documents. If eligible, they can be issued a Stamp 4 permission immediately, without submitting a written application.
Those who are in the State without lawful residence must make a written application to the Minister for Justice. The Minister then assesses the nature of the relationship between the applicant and their child before granting residence permission.
There are no specific financial requirements for this application; instead, the decision focuses on the parent’s involvement in the child’s life.
As outlined in the INIS Family Reunification Policy Document (December 2013):
“It is intended, as a matter of general policy, to grant immigration permission where the parent can demonstrate an active and continuous involvement in the child’s life, providing real emotional and/or financial support.”
We assist clients in applying for residence permission based on their Irish citizen children.
Applying for Residence as a Non-EEA Parent
Non-EEA parents who are the primary carers of an EU citizen child in Ireland can apply for residence permission under Article 20 of the TFEU, provided that:
✔️ The family is financially self-sufficient and does not become a burden on the Irish State.
✔️ The EU citizen child resides in Ireland as their primary place of residence.
✔️ The non-EEA parent plays a central caregiving role, ensuring the child’s well-being.
At ImmigrationSolicitors.ie, we provide expert legal assistance for residence applications based on EU Treaty Rights. Contact us today for tailored guidance on securing legal residency for non-EEA national parents in Ireland.
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