I understand that the Deputy's question relates to applications under the Zambrano judgment, whereby a non-EEA national who is the biological parent of a minor dependent Irish Citizen Child living in Ireland, can be granted residency rights in Ireland.
Where an application is submitted to my Department, which contains all required documentation except a valid Irish passport for the Irish citizen child, due to delays in the Passport Office, applications may be accepted and processed in the following circumstances where there is:
- clear evidence that the child is entitled to an Irish passport i.e. bio data page of the Irish citizen parents passport;
- substantial evidence of the relationship between the applicant and the other biological parent of the child;
- evidence of a passport application that is ongoing, with evidence of the expected time frame of same.
To maintain the integrity of the application process, applications are required at a minimum to meet the above criteria.
If there are other concerns arising from an application with regard to the right to an Irish passport, applications may be returned/not accepted or refused on that basis, and an application only accepted when the child holds a valid Irish passport.