In the last few weeks i have noticed that most Irish lawyers have not grappled with the changes that has occurred in Ireland following the case of Lahyani
The earlier case of Shyllon
, had established that a person cannot benefit from a retained right of Residence if their sponsor is not in the state at the time of divorce, or a separated couple cannot benefit from a retained right of residence on the basis of separation.
Clearly Shyllon was very restrictive, and Lahyani was a lot more favourable. It was a well reasoned case and one that made enormous sense giving the position in Ireland in regards to divorce.
The case of Retention came back to the court in the case of Singh
, where a reference was made to the European Court of Justice.
The CJEU gave their answers in the Summer of 2015
It follows from the case of Singh, that a person in Ireland can no longer retained a right of residence, unless the EEA citizens was residing in Ireland at the time of the divorce. If the EEA Citizens went to their home country to file a divorce with a view never to return to Ireland, then rights cannot be retained, even if the marriage had lasted for a period of 3 years before the EEA citizen left the state.
It is hoped that this post will clarify the current position of the law and the changes that has occurred in Ireland.
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