Nasc case questions “ordinarily resident” requirement in Zambrano applications
On Tuesday 6 December 2011 Nasc successfully reunited our 70th family of the year when permission was granted for a mother and her young Irish citizen child to return to Ireland from Algeria with the intention of applying for “Zambrano” residency upon return. She had previously been required to leave the State upon the expiration of her immigration visa. The granting of permission in this case was noteworthy as prior to this reunification, it was not clear whether parents of Irish citizen children could travel to Ireland to apply for Zambrano residency when both the parent and the Irish citizen child were outside the State. This is due to the requirement by the Irish government that applicants demonstrate that they are ordinarily resident in the State. We believe that this requirement is outside the scope of Zambrano ruling and this case helps to support that position.
Today, we are pleased to announce that the future of this mother and child in Ireland is secure – having submitted the official application for Zambrano residency in March 2012, she was yesterday granted that permission.
For more information about Zambrano applications, please visit our Know Your Rights page. Our Family Unity Campaign Page contains further detail on our campaigning around Family Unity in general.
