If I die, can my Thai wife move to the EU based on our daughter?

[Som wat]

I'm an Irish national in my 30's.

Thai wife of 5 years that has never visited there.

We have a 1 yr old daughter born in Thailand. She has an Irish passport.

If I die, my family members could take our daughter to Ireland using her Irish passport, with my wife's permission (presumably).

With her daughter then living in Ireland with an Irish passport and deceased Irish-born father, would that allow my wife to join her there, under some sort of ruling about not seperating mothers/daughters?

Edited April 9, 2014 by Som wat

[sas_cars]

Isn't it too early to think in those lines, since you are only in 30s.

[7by7]

This is a question which usually comes up when parents divorce, rather than die. Hopefully neither will happen to you!

Being Irish, the child has the right to live in Ireland, or any other EEA country.

Being a child she needs someone to take care of her.

So, if her mother is her sole carer and the child is dependant upon her, then the mother can apply under the Zambrano judgement (see also FAQs) to live in Ireland, or any other EEA state, with her.

Once the daughter is no longer dependant upon her mother, e.g. is an adult, then the mother loses this right.

[Som wat]

^ Thank you.

So the answer is yes, up until the daughter is an adult, which I presume is classified as 18. I'll read up on the details when I have the time, thanks.

[tw25rw]

Isn't it too early to think in those lines, since you are only in 30s.

Anyone can die any time.

[laolover88]

But if your wife were able to live in Ireland, under the Zambrano agreement, for say 10 years or even less, depending on the visa with which she was issued, I think she would be able to make a case that she could not only remain in Ireland but acquire Irish citizenship. Murky area..talk to a lawyer!

[7by7]

Once the daughter is no longer dependant upon her mother, e.g. is an adult, then the mother loses this right.

But if your wife were able to live in Ireland, under the Zambrano agreement, for say 10 years or even less, depending on the visa with which she was issued, I think she would be able to make a case that she could not only remain in Ireland but acquire Irish citizenship. Murky area..talk to a lawyer!

Sorry if I wasn't clear; they are not going to kick her out of Ireland as soon as the daughter turned 18!

What I meant was that she would lose the right to move to Ireland using the Zambrano judgement once her daughter was an adult (presumably 18).

If she had used the judgement to move to Ireland while her daughter was a child she could, once there, apply for permanent residence after, I think but haven't checked, 5 years.

Once she has PR she can, of course, remain permanently.

I don't now enough about the Irish naturalisation law to comment on when she could apply for citizenship.