Does anyone send 21 day warning letter to EU treaty deaprtment!!

My citizen application is on hold because of my EU treaty retention review application which was submitted in 2021. since then no response from EU treaty department. now my solicitor send EU treaty department 21 days warning letter. sending warning letter to Citizen department I heard alot BUT sending warning letter to EU treaty is something new to me. so really appreciate if someone can respond below questions. Thanks.

Note: from last couple of year I'm on critical skill work permit and no visa issues.

1. Does anyone send 21 day warning letter to EU treaty deaprtment!!
2. Does they really respond in 21 days?
3. If they don't respond then hor much time court proceeding takes?

finalversion_2k wrote: ↑

Tue Jul 02, 2024 10:28 am

My citizen application is on hold because of my EU treaty retention review application which was submitted in 2021. since then no response from EU treaty department. now my solicitor send EU treaty department 21 days warning letter. sending warning letter to Citizen department I heard alot BUT sending warning letter to EU treaty is something new to me. so really appreciate if someone can respond below questions. Thanks.

Note: from last couple of year I'm on critical skill work permit and no visa issues.

1. Does anyone send 21 day warning letter to EU treaty deaprtment!!
2. Does they really respond in 21 days?
3. If they don't respond then hor much time court proceeding takes?

Hi,

Through a solicitor they will surely respond in a timely manner. It's normal for legal representatives to send warning letters to ISD if they abandon the case or deliberately refuse to respond. From 2021 is really a long time.

I doubt they would want to deal with you in court since you're at the Naturalisation stage/Permanent residence and can't really do anything about it unless your marriage didn't last for 3 years or less but no kids together.

After your stamp is revoked it still counts to naturalisation.

@Angel99 : Yes as per court judgement AKS vs minister of justice.. they can only revoke current stamp but not whats already past.

Warning letter I heard about citizenship department but sending EU treaty is something new to me..

finalversion_2k wrote: ↑

Tue Jul 02, 2024 4:47 pm

@Angel99 : Yes as per court judgement AKS vs minister of justice.. they can only revoke current stamp but not whats already past.

Warning letter I heard about citizenship department but sending EU treaty is something new to me..

Yes that's correct but they can win the case if you did not reach the 3 year rule or have no kids together. The rule is be 3 yrs in marriage with the EU citizen or have part custody of the child unless the spouse is deceased. Other option is have a good reason why they shouldn't revoke it..

Warning letters can be sent to all government bodies who are breaking the rules.

Angel99 wrote: ↑

Tue Jul 02, 2024 5:21 pm

finalversion_2k wrote: ↑

Tue Jul 02, 2024 4:47 pm

@Angel99 : Yes as per court judgement AKS vs minister of justice.. they can only revoke current stamp but not whats already past.

Warning letter I heard about citizenship department but sending EU treaty is something new to me..

Yes that's correct but they can win the case if you did not reach the 3 year rule or have no kids together. The rule is be 3 yrs in marriage with the EU citizen or have part custody of the child unless the spouse is deceased. Other option is have a good reason why they shouldn't revoke it..

Warning letters can be sent to all government bodies who are breaking the rules.

@Angel99 : My case is married for more then 4 years with no kids. Then i reached out to department with bundle of documents, for Retention of Right after relationship break. but they refused my application and told me minster think its marriage of convenience. then I hired barrister and applied for review and gave them more documents. As I had ICT job since before marriage so I asked them to interven/help me to secure visa. they applied and got me work permit.

last year I went to my solicitor and ask them to withdraw citizen application and she suggested me not to. she send warning letter to citizen department, citizen department replied, I have Retention Review application in process and told me to suggest the next step from below 2 options. and not to bring them to the court.

1. Wait for retention review application to be concluded.
2. Without waiting retention review application, just give decscion on citizenship application.

Then I recieved vetting email. after this recieved Garda vetting in Aug 2023.

I visited solicitor again and she said if we go with Option 1 we have chances of citizenship to be approve.. And if we go with option 2 for sure they will refuse citizenship application. now thats why I'm chassing EU treaty department.

Hi,

You have nothing to worry about. Your solicitor gave a good advise.

The case will surely be in your favour. Just be patient and let your solicitor deal with them by court if they don't respond. You should have also contacted your town/city TD and Solvit on your own long time ago, they can demand them to give a decision.