Information on making application for permission to remain
in the State on the basis of parentage of an Irish born
child born before 1 January 2005
(Source:
http://193.178.2.128/permission.pdf)
The following text has been copied from the contents of
the application form available in the above link)
Revised arrangements have been put in place regarding the
granting of permission to remain in the State to non-nationals
who are the parents of an Irish born child. In this regard
it should be noted that children born in the State to non-national
parents after 1 January, 2005 no longer have automatic Irish
citizenship rights. Application can only be made if you
are the parent of a child born in the State before 1 January,
2005.
WHAT IS PERMISSION TO REMAIN ?
Under the revised arrangements, successful applicants
will be given permission to remain legally in the State
for two years initially. On renewal, this permission may
be extended for a further three years, subject to conditions.
The permission will allow you to work without the need for
a work permit and to engage in business without seeking
permission from the Minister.
HOW DO I APPLY FOR PERMISSION TO REMAIL
ON THE BASIS OF BEING PARENT OF AN IRISH BORN CHILD ?
In order to apply you must fill out form IBC/05. You must
complete this form even if you have applied and were not
granted leave under previous arrangements. The application
will only be processed if you have completed the application
form in full. Please remember to complete the application
form and statutory Declaration and to sign at paragraphs
(5) and (7) respectively. Incomplete applications cannot
be processed and will be returned. A separate application
form must be completed for each applicant and returned,
before 31/3/05, to the following address:
Irish Born Child Unit,
Department of Justice, Equality & Law Reform,
PO Box, 10003,
Dublin 2.
HOW CAN USE THIS FORM ?
This form may be used by the non-national parent (other
than a citizen of an EU Member State, Norway, Iceland, Liechtenstein,
or Switzerland) of an Irish citizen child . Both parent
and child must be resident in the State. Each applicant
parent must either be living with the child as part of a
family unit or, alternatively, must be playing an active
role in the upbringing of the child.
If both parents are not part of the same family unit, a
written explanation should be attached to the application
specifying the nature of the role being played by each of
them in the upbringing of the child. In such circumstances
the other parent of the child may be asked for confirmation
of the information supplied.
If you have applied previously under a different name or
a number of such names,
please provide a written explanation, in section 3 of application
form IBC/05, of the circumstances in which this occurred
and evidence of your true identity as set out in the form.
If the father's name is not on the birth certificate?
Paternity is presumed if the father's name is entered on
the Register of Births. If the father's name is not on the
birth certificate, his application cannot be processed unless
he can produce a court order, such as an order of guardianship,
custody, access or maintenance, in respect of the child,
naming him as the child's father.
What if a parent's name on the birth certificate is different
to the name by which that parent is known to the immigration
authorities?
It is a matter for the applicant to satisfy the immigration
authorities in relation to identity and parentage. If the
name of the parent on the birth certificate is different
to the name by which the person concerned is already known
to immigration authorities, or if the parent has no documentary
proof of identity, a detailed written explanation is required.
The applicant may be requested to volunteer fingerprints,
DNA evidence or other biometric data in that regard at his/her
own expense.
ADDRESS INFORMATION
It is important that your correct current address is clearly
stated on your application form. This must be the address
at which you are currently resident. This address will be
used for queries in connection with your application, for
the return of documents and for the issue of the permission
to remain letter. Please note that it will not be possible
for documents, permissions, etc to be collected from the
Department.
ALL APPLICATIONS WILL BE ACKNOWLEDGED ON RECEIPT
If you don't receive an acknowledgment from the Department
within a week of submitting your application, please write
to the Irish Born Child Unit at the address given. For your
own convenience, it is recommended that you keep a copy
of whatever correspondence you send to us. All original
identity documents will be returned to you once these have
been checked and copied.
PROCESSING OF APPLICATIONS
Applications will in general be dealt with in order
of receipt insofar as is possible. Given the number of applications
being processed, it will take several weeks for your case
to be finalised.
ENQUIRES
The Irish Born Child Unit will not be in a position to deal
with telephone enquiries relating to applications. Personal
callers cannot be facilitated. If you have a query or if
you wish to bring any additional information regarding your
application to our attention, please do so in writing to
the Irish Born Child Unit at the above address quoting your
Department of Justice, Equality and Law Reform " 69/..."
reference number. Such correspondence will be considered
when your application comes up for consideration in the
normal course.
