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Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10113
Experience:  Barrister 17 years experience
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My wife is from Jakarta and is in the UK/Northern Ireland on

Customer Question

I am British and my wife is from Jakarta and is in the UK/Northern Ireland on a student visa that doesn't allow work, access to public funds etc. or the application for a Spouse Visa unless she returns to Jakarta. Being born in NI end of this month our baby I understand will be entitled to an Irish passport. We don't want our family to be broken up for any length of time. Baring this in mind what is the most efficient way for her to remain. Regards ***** *****
Submitted: 3 months ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 3 months ago.

1 . Dear *****, once your baby is born at the end of the month, your wife will become entitled to a visa to stay in the UK under the Zambrano decision of the European Court of Justice. This means she can apply for a visa to remain whilst living in the UK. This decision gives the right to live and work in any country in the EU to an EU citizen parent so as to provide for that EU citizen child. As your child will have an Irish passport, your wife will be able to apply for a visa on this basis, as she will be the parent of an EU citizen child. This visa will give her the right to live and work in the UK or Ireland.

Expert:  Buachaill replied 3 months ago.

2. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

Customer: replied 3 months ago.
Hi.. just some clarity... you mention the Uk & Ireland... which country do you say is possible/would it be more efficient that we(she) apply?. What exactly is the name/type of visa that would be applied for? Which country would she be eligible to live and work (i.e application in Ireland would allow live and work in uk /vice versa) ? Thanks
Customer: replied 3 months ago.
Hi... I am still waiting for an answer to my last question.... Then I would like to get to the point where we are engaged in the visa process based on the Zambrano decision but that's dependant on that answer. Thanks
Expert:  Buachaill replied 3 months ago.

3. The first thing you should be clear on, is that this is a Question & Answer forum. It is not a visa processing service. Accordingly, if you want someone to handle your visa application, you will need to see a full service law firm. Secondly, the Zambrano visa would be obtained in Northern Ireland or Britain, or Ireland. it depends on where your wife wants to live. The right is given to live any EU member state.

Customer: replied 3 months ago.
I am already clear of the nature of this service and am looking only for a full and detailed answer...I am now somewhat more more clear. For your information keeping our family together is much more important than whether we live in Britain or Ireland or whether the baby is born in Britain or Ireland but we need to get the bottom of this and make these decisions quickly. Also Northern Ireland as you will know is different in that a child born there is entitled to a Uk and an Irish passport.
This link seems to imply there may be difficulties applying for this in the UK and the UK is leaving the EU may also present a risk. So the first two questions I am repeating but perhaps having given you context they are more clear.
a). Can you clarify that this Visa is named a 'Zambrano Visa' as you have called it in both UK or Ireland ?
b). Is it more efficient/ less risk to apply for this with the Irish gov. or the UK perhaps some idea of the %chance of success and dependencies may help measure this ?
c.) If the application was granted in Ireland would that help gain a UK visa should we then choose to live and work there and vice versa?
Customer: replied 3 months ago.
Customer: replied 3 months ago.
d). Could we apply for leave to remain in Ireland whilst living in Northern Ireland and would that allow living in Northern Ireland?
Customer: replied 3 months ago.
e). Also in the UK. can this be applied for from and remaining in the UK. regardless of what kind of visa she has (short term 6 month student Visa type C)?
Expert:  Buachaill replied 3 months ago.

4. There is no such thing as a Zambrano visa in any country. This is the name of the judgment which gives rise to a right to live and work in the country you chose. However, you first need to decide where yourself and your wife want to live. You cannot be living in Northern Ireland under an Ireland visa. So you have to chose which country your wife wants to live in. If she is studying in Northern Ireland, then it would suggest that is where she has to live??? However, the same basis applies in each country, namely the Zambrano decision, for her living in each.

Customer: replied 3 months ago.
I understand already what you say though you have answered some of d. I am just looking for a full and complete. a. what is the name of ghost visa in both UK and Ireland?b. as stated above..I really would like an idea .it seems easier and more straigbt forward in ireland. Maybe if I worked ilived in Ireland it might be possible for us to apply for a visa for her to come to Ireland as my wife from UK and current visa?c. as stated aboved. closede. as stated..regardless of her current visa type?
Customer: replied 3 months ago.
f. What is the easiest way for me to get this in a letter as I am being asked this for housing to show my wife will be here
g. When is the earliest I can begin applying for this visa. Is it only after the baby is born. How long would it take roughly as the visa will run for short of two months after he baby is born?

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