Students residing in Ireland from before 1 January 2005
As a final measure in assisting the transition to the New Regime, a student probationary extension is being made available to those students who have been continuously resident in the State since before 1 January 2005 (i.e. the student must have received a GNIB card during or before 2004 and for each year thereafter). These new arrangements will allow eligible students to reside in Ireland for a further period of 2 years on specified conditions. In addition, at the conclusion of the two year probationary period those students will be eligible to apply for a more permanent status on condition that certain obligations have been fulfilled.
With effect from 10th November, 2011 each application for a certificate of naturalisation received on or after that date must be accompanied by the prescribed application fee of €175. This fee is non-refundable - even if you have lodged an ineligible application. Before lodging your application, you should ensure that you are eligible for naturalisation and that your application is valid. To assist you, the application form contains detailed information on application requirements and an online residency calculator is available on this website to help you verify that you satisfy the residency conditions.
On 27th April, 2011, the Repatriation Division of INIS has made following announcement:
"European Court of Justice Judgment in the Zambrano case
The European Court of Justice Judgment in the Zambrano case, delivered on 8th March, 2011, ruled that Member States are precluded from refusing a third country national upon whom his minor children, who are European Union citizens, are dependent, a right of residence in the Member State of residence and nationality of those children, and from refusing to grant a work permit to that third country national, in so far as such decisions deprive those children of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizen. In Ireland, this ruling refers to the non EEA parents of Irish citizen minor children.
Arising from this Judgment, the Department’s Repatriation Division will, over the coming weeks, be examining all cases where a link to the Zambrano Judgment has been identified to see if such cases meet the Zambrano criteria. Where the Zambrano criteria is met, all other things being equal, permission to remain in the State will be granted, for a specified period, of a nature as will enable such parent(s) to work in the State without an Employment Permit or to set up in any legitimate business or profession without seeking the permission of the Minister.
This Judgment may be particularly relevant to the following categories of third country national:
- parents of an Irish citizen child or children who are awaiting a decision in their case under Section 3 of the Immigration Act 1999 (as amended),
- parents of an Irish citizen child or children who have current permission to remain in the State on the basis of Stamp 2 or Stamp 3 conditions and
- parents of an Irish citizen child who have been deported or who have left the State on foot of a Deportation Order.
Persons referred to at (3) above will have to apply to the relevant Irish Embassy or Consulate in their own country of origin for a visa to return to this State and they will, at that point, be required to produce documentation which shows a clear link to the Zambrano Judgment.
As a matter of public policy, the Department will not be applying the terms of the Zambrano Judgment to third country parent(s) of an Irish citizen child or children who have been convicted of serious and/or persistent criminal offences.
For those parents of an Irish citizen child or children who feel that they might be in a position to meet the criteria laid down in the Zambrano Judgment, they should be aware that, in addition to documentary evidence being required from them, DNA evidence of a biological link to the Irish citizen child or children may also be required.
All correspondence in relation to the Zambrano Judgment should be sent to:
13-14 Burgh Quay
27 April 2011