From the 1st of October 2015 applications for permission to remain in the State based on the parentage of an Irish citizen child are to be submitted on a designated application form – the Irish Citizen Child Application Form (Form 1). Such applications are commonly referred to as ‘Zambrano’ applications following the ruling of the Court of Justice of the European Union in the case of Zambrano v Office National De L’Emploi which acknowledged the right of an EU citizen child to have their parent reside in the State in which they live.
Previously, applicants were required to submit a letter to the Irish Naturalisation and Immigration Service (INIS) outlining their details, status and relationship with the EU citizen child. The same details are required under the new process but in a more defined format as a set list of documents must be included in the application.
Section 5 of the Application Form requests the enclosure of documents listed under the following headings: evidence of applicant’s identity; evidence of Irish citizen child’s identity; evidence of the child’s residency in the State; evidence of the applicant’s residency in the State; and evidence of the applicant’s role in the life of the Irish Citizen Child.
The notice on the INIS website makes clear that such permission to remain in the State, once granted, is revocable upon the coming to light of information after the fact. A non-exhaustive list of reasons for revocation include: where conditions to remain have not been complied with; information relating to the applicants character or conduct; failure to register with GNIB; and the provision of misleading or false information at the time of application.