APPLICATIONS FOR RESIDENCY BASED ON PARENTAGE OF AN IRISH BORN CHILD.
As a result of the Supreme Court's Decision of the 23 January, 2003 the Immigration Division no longer accepts applications from persons for residency based on their parentage of an Irish born child.
For that reason the ''Information Leaflet and Application Form" for Irish born child applications has been withdrawn.
Where the Minister proposes to deport a person who is the parent of an Irish born child that person will be given an opportunity to make representations in relation to the Minister's proposal and all factors relevant to the Minister's determination will be taken into account.
However, Immigration Division will not accept, consider, acknowledge or process in any way applications made in advance of the initiation of the deportation process, irrespective of the manner in which such applications are made.
For that reason the ''Information Leaflet and Application Form" for Irish born child applications has been withdrawn.
Where the Minister proposes to deport a person who is the parent of an Irish born child that person will be given an opportunity to make representations in relation to the Minister's proposal and all factors relevant to the Minister's determination will be taken into account.
However, Immigration Division will not accept, consider, acknowledge or process in any way applications made in advance of the initiation of the deportation process, irrespective of the manner in which such applications are made.
Immigration Division,
19 February, 2003
19 February, 2003
New rules for immigrant parents begin today
online.ie 19 Feb 2003
Immigrant parents can no longer seek residency in Ireland on the basis of having Irish-born children, under rules that come into effect today.
After a Supreme Court judgment last month, non-EU immigrant parents no longer have an automatic right to remain in the country.
In recent years many immigrants entered Ireland as asylum seekers then claimed residency once they became parents in the country.
Last year more than 4,000 non-EU citizens were granted residency on the grounds of having Irish children.
The move to stop residency applications on the basis of parentage will not affect the 1,100 outstanding applications from parents of children born as far
back as September 2001, a Justice Department spokesman said.
Almost 90% of these applications have been made by people who had been or still are asylum applicants.
Minister for Justice Michael McDowell has ruled out mass deportations of people whose applications are being processed, saying cases would be
handled individually.
He has also indicated that the length of time the parents of Irish children have lived in the State would be a key factor in considering applications.
The new rule follows last month's Supreme Court case in which judges dismissed an appeal by two families hoping to remain in Ireland on the grounds
that their children were born in Ireland.
The Dublin court ruled by a majority of five to two that having Irish-born children did not confer automatic residency, and that the two families should be
deported.
Immigrant parents can no longer seek residency in Ireland on the basis of having Irish-born children, under rules that come into effect today.
After a Supreme Court judgment last month, non-EU immigrant parents no longer have an automatic right to remain in the country.
In recent years many immigrants entered Ireland as asylum seekers then claimed residency once they became parents in the country.
Last year more than 4,000 non-EU citizens were granted residency on the grounds of having Irish children.
The move to stop residency applications on the basis of parentage will not affect the 1,100 outstanding applications from parents of children born as far
back as September 2001, a Justice Department spokesman said.
Almost 90% of these applications have been made by people who had been or still are asylum applicants.
Minister for Justice Michael McDowell has ruled out mass deportations of people whose applications are being processed, saying cases would be
handled individually.
He has also indicated that the length of time the parents of Irish children have lived in the State would be a key factor in considering applications.
The new rule follows last month's Supreme Court case in which judges dismissed an appeal by two families hoping to remain in Ireland on the grounds
that their children were born in Ireland.
The Dublin court ruled by a majority of five to two that having Irish-born children did not confer automatic residency, and that the two families should be
deported.
