Over 850 non-EU parents get residency (het effect van het Zambrano-arrest in Ierland)
MORE THAN 850 non-EU parents of Irish-citizen children have been granted residency in Ireland since a landmark European court judgment last year, while six people who were previously deported have been granted visas to re-enter the State.
The Court of Justice of the European Union ruled last March that the non-EU parents of EU-citizen children must be allowed to live and work in that EU state.
Minister for Justice Alan Shatter has confirmed that more than 850 people have been granted residency in Ireland since then. These were out of 1,000 cases that have already been processed by his department as a result of the judgment. He said the decisions were taken “in the best interests of the welfare of eligible minor Irish citizen children”.
Another 700 cases are outstanding. In approximately half of those cases the department has requested further documentation or clarification from the applicants before their cases can be progressed. This number does not include other non-EU parents of Irish-born children who had an existing right of residency, for example where people were lawfully resident on a worker, spouse or student visa.
A further six individuals have been granted visas to re-enter Ireland having previously left the State as a result of a deportation order.
However, the Minister said the department was not able to establish how many more Irish citizen children and their parents would be entitled to return to the State on foot of the judgment. At least 20 Irish citizen children have left the State in the company of their parents as a result of deportations since 2005.
The granting of citizenship to “third country” parents of EU citizen children, is known as the Zambrano ruling – the surname of a Colombian husband and wife who brought the test case to the European court. The judgment that the non-EU parents of EU citizen children must be allowed to live and work in that EU state has had implications across member states.
The judgment had no impact in terms of eligibility for Irish citizenship as per the 2005 citizenship referendum. Since then, to become an Irish citizen, at least one of that child’s parents must have been lawfully resident in Ireland for three out of the previous four years, other than as an asylum seeker or a student.
Bron: http://www.irishtimes.com/newspaper/frontpage/2012/0124/1224310673916.html
P.S. In Ierland gold tot enige jaren geleden het Ius Soli beginsel. Je kreeg de Ierse nationaliteit omdat je in Ierland was geboren. Nu geldt er het continentale ius sanguini beginsel: je krijgt de Ierse nationaliteit als een ouder het ook is. Dit kan verklaren waarom in Ierland Zambrano veel meer impact heeft als voor ons Nederlanders.
Law blog Klik op +1 als u dit een interessant artikel vindt en Google zal het dan beter zichtbaar maken in de zoekresultaten.
The Court of Justice of the European Union ruled last March that the non-EU parents of EU-citizen children must be allowed to live and work in that EU state.
Minister for Justice Alan Shatter has confirmed that more than 850 people have been granted residency in Ireland since then. These were out of 1,000 cases that have already been processed by his department as a result of the judgment. He said the decisions were taken “in the best interests of the welfare of eligible minor Irish citizen children”.
Another 700 cases are outstanding. In approximately half of those cases the department has requested further documentation or clarification from the applicants before their cases can be progressed. This number does not include other non-EU parents of Irish-born children who had an existing right of residency, for example where people were lawfully resident on a worker, spouse or student visa.
A further six individuals have been granted visas to re-enter Ireland having previously left the State as a result of a deportation order.
However, the Minister said the department was not able to establish how many more Irish citizen children and their parents would be entitled to return to the State on foot of the judgment. At least 20 Irish citizen children have left the State in the company of their parents as a result of deportations since 2005.
The granting of citizenship to “third country” parents of EU citizen children, is known as the Zambrano ruling – the surname of a Colombian husband and wife who brought the test case to the European court. The judgment that the non-EU parents of EU citizen children must be allowed to live and work in that EU state has had implications across member states.
The judgment had no impact in terms of eligibility for Irish citizenship as per the 2005 citizenship referendum. Since then, to become an Irish citizen, at least one of that child’s parents must have been lawfully resident in Ireland for three out of the previous four years, other than as an asylum seeker or a student.
Bron: http://www.irishtimes.com/newspaper/frontpage/2012/0124/1224310673916.html
P.S. In Ierland gold tot enige jaren geleden het Ius Soli beginsel. Je kreeg de Ierse nationaliteit omdat je in Ierland was geboren. Nu geldt er het continentale ius sanguini beginsel: je krijgt de Ierse nationaliteit als een ouder het ook is. Dit kan verklaren waarom in Ierland Zambrano veel meer impact heeft als voor ons Nederlanders.
Law blog Klik op +1 als u dit een interessant artikel vindt en Google zal het dan beter zichtbaar maken in de zoekresultaten.
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