Zambrano Case

Many non-EU parents of Irish-citizen children have been granted residency in Ireland since a landmark European court judgment last year.

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. this judgment is known as the ‘Zambrano Case’

Following the European ruling some people have been allowed to re-enter the state after receiving a deportation order.

According to the department of Justice at least 20 Irish citizen children have left the State in the company of their parents as a result of deportations since 2005.

The Zambrano Case is so called as it is the the surname of a Colombian couple who brought the case to the European court. The judgment stated that the non-EU parents of EU citizen children must be allowed to live and work in that EU State.

The Zambrano Case does not affect the criteria of eligibility for Irish citizenship, including the changes following the 2005 citizenship referendum. Since this referendum, a child born within the State was entitled to Irish citizenship only of one of the parents has lawfully resided within the State for at least three of the previous four years and that person is not within the state as a student or a person seeking asylum.

About the author: Pádraig Murray