Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 437: To ask the Minister for Justice and Equality the procedure that should be followed by persons wishing to make fresh applications for residency in the wake of the Zambrano judgment, including the section of Irish Naturalisation and Immigration Service they should apply to and the documents they should include; and if he will make a statement on the matter. [9124/11]

Alan Shatter (Dublin South, Fine Gael)
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The Deputy should note that any person wishing to have their position in the State examined in accordance with the principles of the Zambrano Judgement must submit the following documentation to the INIS Repatriation Division, Department of Justice and Equality, 13-14 Burgh Quay, Dublin 2.

(a) A colour copy of the bio-data page of the Irish citizen child's passport.

(b) The Irish citizen child's original birth certificate - a copy is not acceptable.

(c) A colour copy of the bio-data page of the applicant's own passport.

(d) Two colour passport-sized photographs, signed on the back by the applicant.

(e) Documentary evidence that the Irish citizen child is living in the State.

(f) Proof of the applicant's address and residence in Ireland (e.g. current utility bills etc).

(g) Documentary evidence of the role the applicant is playing in his/her child's life (e.g. letters from schools, crèches, etc).

(h) Any other information that the applicant considers relevant to his/her case.

In addition, an applicant must provide answers to the following questions:

(a) Has he/she ever been convicted of a criminal offence in the State or abroad? If so, he/she must provide specific details.

(b) Are there any charges pending against him/her in the State or aboard? If so, he/she must provide details.

The terms of the Zambrano judgement will not be applied to third country parent(s) of an Irish citizen child or children who have been convicted of serious and/or persistent criminal offences.

Upon receipt of the documentation and information referred to above, the matter will be considered further, at which point it will decided whether the persons concerned qualifies for residency in accordance with the Zambrano Judgment. In some cases, DNA evidence of a biological link to the Irish citizen child or children may also be required. Once a decision has been made, that decision and the consequences of the decision will be notified in writing to the persons concerned.