EU 5 FORM RETENTION FOR RIGHTS IN IRELAND

I am living in state ireland from 2013. I married to polish woman in 2014 and got stamp 4 eu fam. my wife mother is suffering from cancer she left the state in 2018. till 2014 and 2016 she worked in state but after that she was on and off in the state. My total residence in the state is almost 4 years.
The question is i have baby from an other woman whom i met her in Ireland last year. but we were not living together. she is asylum seeker in the state. Did baby can get irish citizenship on the basis of my stamp 4 eu fam over three years?
and 2nd question is if i put seperation that my wife left the state permanently and claim retention for rights in the state. can i get that? i am working full time in IT company and i have 4 years p60 with me. is it work out?

answer to your question 2 is no because the day your wife left Ireland you right to be in Ireland was gone with her there was a court case and the ruling was if the eu citizen leave the state the non eu right of residence is seize to exist I think you will find the link on this form.
they will also ask you as to why you didn't inform INIS when your spouse left the state and this will not work in your favour the fact you didn't inform them.

answer to question 1 depends on when the baby was born you must be at least 3 years in Ireland living legally regardless of which stamp before the baby was born.

if the baby was born after you were here for three years legally you should immediately start the zabrano route because your current stamp is invalid and the minister will revoke it as soon as they will become aware of your situation.

get a decent solicitor the ride ahead is gona be bumpy not that you don't deserve it

It's going to be a though one so my recommendation is to hire a good solicitor as well, see thread below:

ireland/changes-in-relation-to-retained ... 22625.html

for example
i got my stamp 4 eu fam september 2014 and stamped on my passport jan 2015.
baby born in june 2018
its clearly more then 3 years.
is baby ok to get irish citizenship?

if they revoke my stamp is it effected my baby passport?

Singhh0007 wrote: ↑

Tue Jul 17, 2018 12:04 am

for example
i got my stamp 4 eu fam september 2014 and stamped on my passport jan 2015.
baby born in june 2018
its clearly more then 3 years.
is baby ok to get irish citizenship?

if they revoke my stamp is it effected my baby passport?

for what you have told us up there your child is entitle to Irish citizenship as advise before get a good solicitor and apply for parent of an Irish citizen child let your solicitor inform the INIS that your separated now and your wife have departed the state in 2018 and in the same letter inform them about your Irish born child and apply via that route applying for retention or permanent residence for you is out of the question you may get lucky but most likely both application will be turn down under the current policies.
also your legal status in state count from the approval letter for date which is sept 2014 your wife departed in 2018 so from sept 2014 to the date your baby was born ie june 2018 is over three years so you were legaly resident in the state for over three years even if INIS says that your right to be in state seize to exsist when your eu spouse left the country your solicitor can still argue that by that time you were over three years legally resident in Ireland and after that you became father of an irish born child and are qualify to apply under that category ?
PS: to apply for parent of an irish child you should be legally resident in state in 3 out of past 4 years so even if they say in 2018 your stamp was invalid as your spouse left and it cannot be count as legal residence you s still qualify as 4 years are june 2014 to june 2018 and the qualifying three years can be used as sept 2014 to sept 2017 in that period you were legally resident.

Your Stamp 4EUFAM in Ireland is on the basis of marriage to an EU citizen and that EU citizen is working and living in Ireland, you will need to provide further details regarding when the marriage/relationship ended to be able to tell if your child qualifies for an Irish citizenship or not.

Exact dates are key in this matter and my recommendation is to get your story straight with a solicitor because your child citizenship can be revoked if in court is deemed that your relationship ended before even though you were legally married, the fact that your wife worked in the state for only 2 years will be an issue for INIS as well. Did you notify INIS at any stage of the changes in your circumstances?

i married in ireland march 2014 and i got stamp sep 2014. stamp on my passport in jan 2015. wife worked 2014 and 2016. point is that she was in state i have all the documentation i mean PRTB and proof of addresses till 2018. Even my landlord met her. He states in his letter when i requested her PRTB letter in 2017. and letter he gave me now.
I didn't inform INIS yet. but wife left the state in may 2018 permanently.
she wasn't know that i have child from an other woman when she know she left the state.
she was not working because her mother was suffering from cancer and she was on and off.
i have spent more 3 years with her.
what i need to proof? if i have baby now..
i have clear interviews 3 times even before me relation and they checked properly in my house
she was on and off like this once in a month for 2 3 days.

Singhh0007 wrote: ↑

Fri Jul 20, 2018 11:33 pm

i married in ireland march 2014 and i got stamp sep 2014. stamp on my passport in jan 2015. wife worked 2014 and 2016. point is that she was in state i have all the documentation i mean PRTB and proof of addresses till 2018. Even my landlord met her. He states in his letter when i requested her PRTB letter in 2017. and letter he gave me now.
I didn't inform INIS yet. but wife left the state in may 2018 permanently.
she wasn't know that i have child from an other woman when she know she left the state.
she was not working because her mother was suffering from cancer and she was on and off.
i have spent more 3 years with her.
what i need to proof? if i have baby now..
i have clear interviews 3 times even before me relation and they checked properly in my house
she was on and off like this once in a month for 2 3 days.

What ur wife did in 2017 and up to 2018 may? If she did not work, but u did, means that u were supporting here financially? in this case she was legally here based on self sufficiency, so both of u needed a comprehensive health insurance, if u id not have this they can argue that from 2017, or from the exact date ur wife stopped working u were here not legally cause of the missing insurance.

The easiest would be if ur wife actually worked 3 years here, while she was with u, then she quit the job and started to fly home frequently, then ur baby was born... so that would be a clear case, ur child is irish than.

Hi Singhh0007

did you applied baby passport and you got as you stated ?

hello

I have questions? yes i applied for baby passport they put it on hold because they said they want to verify info from INIS that i am legally reside in Ireland from 3 years. INIS write letter to me, you are married to someone else. they want proof of my relationship and reason when eu citizen leave the state.
i explained every possible situation when she left the country in 2018. but i want to state something

I applied baby passport on my girl friend address where i never lived. INIS send correspondance on that address. and they wanted all answer in 21 working days. i went to solicitor and gave everything on time but solicitor negligence he sent documents 1 day late and INIS CANCEL my stamp. then i write by myself that it was not my fault and the document is late my solicitior. they said sorry we cant do anything
All we can do, you have to fill up eu 5 retention form and send back to us which i did it to review unit.
now review unit issue me visa for 11 months again ONLY STAMP 4. NOT EU FAM.
one more problem my solicitor is making everything hard for me. first he said he will take 1000 euros. when he sent my documents late, i was tense for his negligence and now he is asking me 1500 euros more for nothing.
he said, i issued you temperory visa, so you have to pay. i went to garda station. they took my photo and said come back after 2 to 3 weeks. take your card and we will put stamp on passport, because i live in county side.
I also approach passport office for baby, they said we are waiting for verification for your residence once its confirmed. we issue passport. its 4 months now.

and i am very upset because of my solicitor he is saying i will do this and that. so give me money.

here i am stuck please help.

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Fri Dec 01, 2006 2:46 pm

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Hi I have a one question anyone help me ?
Singhh007 I have a problem same as you. my stamp4eu will expired next year November.but problem is I got letter from Inis this week.they asked me lots of documents about relationship and p60 p45 and lease,bill,pay slips me and my husband but I didn't know I will need all documents my husband in Ireland but we are not living together since last year November. I have a baby now 3months old from another guy and I applied irish citizenship for my baby and he got it .
I already inform to Inis about our separation and I got letter from Inis about lots of documents required but I don't have the that all documents what should I do ? Please help me thanks

Hi Singhh0007
Can you help me what documents they asked and how did you proof that I didn't know all this things and I'm stock with this all things and how did you get stamp4 please give me some advice and what's your solicitor?I'm looking for good one who can help me

Kenya021 wrote: ↑

Fri Dec 07, 2018 6:48 pm

Hi Singhh0007
Can you help me what documents they asked and how did you proof that I didn't know all this things and I'm stock with this all things and how did you get stamp4 please give me some advice and what's your solicitor?I'm looking for good one who can help me

Member are not permitted to post names of solicitors on the forum.