Changes in relation to Retained Right following Divorce.

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Changes in relation to Retained Right following Divorce.

Postby Obie » Thu Jan 05, 2017 3:59 pm

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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Re: Changes in relation to Retained Right following Divorce

Postby broli » Fri Jan 06, 2017 3:21 pm

Thanks Obie :idea: retention is now nearly impossible if i am not wrong
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Re: Changes in relation to Retained Right following Divorce

Postby jul1 » Mon Jan 09, 2017 11:05 pm

broli wrote:Thanks Obie :idea: retention is now nearly impossible if i am not wrong



it's possible, living here for 3 consecutive years on eu4fam card than initiate divorce (likely in another country ) than apply for retention,
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Re: Changes in relation to Retained Right following Divorce

Postby broli » Tue Jan 10, 2017 7:59 am

jul1 wrote:
broli wrote:Thanks Obie :idea: retention is now nearly impossible if i am not wrong



it's possible, living here for 3 consecutive years on eu4fam card than initiate divorce (likely in another country ) than apply for retention,


In Order to intiate the divorce the EU citizen has to stay in that country for a certain period usually 6 months to 1 year and will have to get an address and so on.

When she does that Non EU citizen loses his right by the time divorce starts. Isn't it?
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Re: Changes in relation to Retained Right following Divorce

Postby Obie » Tue Jan 10, 2017 9:37 am

This topic and areas of law raises many issue of general importance, which may need to be addressed by the courts at some point in the future.
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Re: Changes in relation to Retained Right following Divorce

Postby jul1 » Tue Jan 10, 2017 11:38 am

Obie wrote:This topic and areas of law raises many issue of general importance, which may need to be addressed by the courts at some point in the future.



its definitely possible in a case where the eu citizen doesnt leave Ireland but after 3 years of living together they divorce but the eu citizen remains and works in the country.

Maybe the hardest part is to divorce in Ireland, its crazy that u have to prove that u were separated for 4 years out of 5 right before the divorce proceeding, but i guess people are still lucky since 1995 at least it is possible to get divorce at all....craziness...the only 2 country in the world where divorce is not possible is the Vatican and the Philippines, Ireland is just a step better....
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