Having my baby in Ireland (Irish Father), Can I get permission to stay (residency?)?

Question

I have been dating an Irish man for a while now (he is in the process of a divorce, which in Ireland, takes 4-5 years, he has at least 2 years remaining, thus we cannot marry). Well, we just found out we are pregnant! We are thrilled, but I'm concerned about getting to stay with him. He has a great job and owns a home in Ireland, but I am only a student at the moment (in the US).

I'm going over in a few weeks with a Student Work Visa. This keeps me in the country for a few months legally. I'll need to petition to extend my stay-- can I do that just by saying I'm pregnant and the father is Irish and I want to stay with him?

Also, after the birth, seeing as my child will be an Irish citizen, can I easily receive permission to remain in the state (chances are that I will seek out post-grad education in Ireland anyways, but I need time to recover from the birth) with my Irish child and its Irish father? I'm not looking for citizenship, just residency/permission to remain. Possible?

I know already that I cannot get AUTOMATIC citizenship based on my child's citizenship. I only want to know whether or not I will have problems receiving RESIDENCY or permission to remain in the state.

Also, yes, post-grad is expensive abroad, but I also want to find whatever ways possible to stay with my family...

I find it hard to believe there is no scheme to protect families like ours-- are we really that unusual? I am under the impression that the new, strict laws were put in place for those women (whose children were not the children of an Irish citizen) simply having the kid in the state in order to gain citizenship for themselves and their children.
All I want is permission to remain, until at least I can sort out my enrollment in an Irish university and secure some sort of student visa.

Answer 1

Found this article which may help you:

Q:What is the status of non-nationals who stay in Ireland with their Irish-born children?

A: There are no specific laws about the rights of residence of foreign parents of an Irish-born child. The non-national parents of such a child do not have a legal right to Irish citizenship. The case law in this area was set out by the Supreme Court in the Fajujonu case in 1990. The Court found that an Irish-born child had the right to the company of its non-national parents, and that such parents had a strong claim to be allowed to stay in the State.

Non-EU parents of a child born in the Republic of Ireland or Northern Ireland must apply to the Minister for Justice if they wish to live in the State. The minister must consider the principles in the Fajujonu judgement in making his decision. If permission is granted, the parents must register with the Garda Siochana (police).

The minister can review his decision if the applicant is not living with the child as part of a family unit and ceases to play a significant role in the upbringing of the child. The minister might also review the permission to remain if he decides that the common good and the protection of the State and society justify interference with the parent's Constitutional family rights.

Hope that helps!

Answer 2

Congratulations on your news. Yes your child will be an Irish citizen as his father is Irish, however, just becuase you are his mother does not mean that you also will recieve Irish citizenship. In your position you can only become a citizen through marriage.

Also;
To claim citizenship by marriage, you must meet the following conditions:

You must be married to the Irish citizen for at least 3 years
You must have had a period of one year's continuous "reckonable residence" in the island of Ireland immediately before the date of your application
You must have been living on the island of Ireland for at least 2 of the 4 years before that year of continuous residence
Your marriage must be recognised as valid under Irish law
You and your spouse must be living together as husband and wife
You must be of good character and intend to continue to live on the island of Ireland
You must have made a declaration of fidelity to the nation and loyalty to the State.

I hope this helps

**updated** You will need to speak to an Irish immigration expert, it's unlikely you will. The Irish government has been very strict lately in regard to people having children in Ireland and then asking for residency. You really need to seek professional help, I wish you all the best.

Answer 3

Your partner is the only person who must be able to sponsor you to remain in the country. Your child will have the immediate right to remain in the country of birth. But you cannot. Plus any indication to Ireland about the possibility that you intend to remain in the country will get you barred from every entering the country ever again. Please be careful with that. Your best bet is to consult an Irish law personnel expert in dealing with such immigration issues and he/she will be the best person to help you there.

Do you know how expensive post -grad education is when you are a non-Irish citizen?

Good luck.