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Eu treaty right retained unit

Forum to discuss all things Blarney | Ireland immigration

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Baba786
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Eu treaty right retained unit

Post by Baba786 » Sat Feb 13, 2021 1:55 am

Hi guys.

I need your help or even possibilities, if that have situation with someone else.
My case is with eu treaty right from 2018 in review unit. They revoked my stamp 4 EU fam based on marriage of convinenvce in sept 2018. When Inis revoked my stamp, they asked multiple question which i answered them with evidences, since then i am on temporary permissions which extended every year.
They raised this question because i married to european in 2014 and then had breakup in 2018 and i was in a relationship with doctor lady here in ireland on stamp 4. She got stamp through asylum process in 2019.

I have 2 kids now from that lady and i applied for irish passport on basis of 3 to 4 years spending time here legally in the state. I didn’t applied on her mother base, because she was with stamp 4 only a year that time
After very next few days INIS approached me ans revoked and stamp and hold my baby irish passport
The passport office never refused my Son’s passport and informed me for waiting clearence from INIS that your revocation of stamp 4 is finish and we will issue passport for baby. Its being 3 years now but no results.

Question is that?
Eu treaty rights is not making my decisions, they are just delaying me from last 3 years.
When ever i asked for my decision, they said me i am queue.
Even i said them you can refuse my application, if you not satisfy. I can go to court. I know it’s hard to proof marriage of convience for them but they are keep delaying
Can anyone tell me? Is there any way to push them so they can make decision?
They are extending my temporary permissions every year and say we can make decision anytime.
I am not leaving country, because if they make bad decision in my absence may be they won’t let me inn again.

Obie
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Re: Eu treaty right retained unit

Post by Obie » Sat Feb 13, 2021 11:48 am

Apply for judicial review against the delay, as a delay of 3 years is wholly inappropriate.
Judge not, and you will not be judged.

Baba786
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Joined: Sat Feb 13, 2021 1:38 am

Re: Eu treaty right retained unit

Post by Baba786 » Thu Mar 25, 2021 11:17 pm

Hi
If someone can help me, i have case in eu treaty right from last 3 years and they put me on temporary stamps till now. I requested for judicial review for delay in application.
The questions Immigration officer raised,
The marriage of convinence and fraud.


Whatever, immigration office asked me, i sent them through paper work and proofs as much as i can,
But still i am waiting for decision.

I requested my solicitor to put this in review, she said i will do that, but will take barriester advice in some points
The barriester came to my solicitor and said with brief papers and keys point are

've finally received the barrister's advice this morning. It's quite lengthy (because she is so thorough!) but the key points from it are that she thinks we have submitted sufficient evidence to challenge a finding of marriage of convenience, but that we have not submitted sufficient evidence to challenge a finding of fraud in relation to the question of whether My wife was actually living and working in Ireland. She states:

In particular, more material is needed to evidence Of my wife residence in the State (ideally references from landlords confirming their residence etc. – I note that you already included one such letter from Landlord 2 years ago), and to address Of my wife employment record, presence on the live register and/or her resources to support herself and her family members in the State.

I have 2 kids from last three years from an other woman.
My son passport is on hold from last 3 years, because it was based on me spending 3 to 4 years in state.

Passport office, we need to verify you residence was legal and Immigration office is not making any decision and holding up from last three years.

On other hand, i have application inn family reunification based on my son. The department asked for DNA test for paternity. Because my current patner is asylum seeker and its approved

What are the possibilties? And what i can do in eu treaty rights case?
I already spoke to my previous landlord any references? Which already sent to immigration office.
My X wife was doing deliveries for food chain. And it was contracted and stated my wife is responsible for tax things. And i also sent contract to immigration
How can they say fraud? And holding up from last 3 years. Why they are doing this?

Baba786
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Posts: 7
Joined: Sat Feb 13, 2021 1:38 am

Re: Eu treaty right retained unit

Post by Baba786 » Thu Mar 25, 2021 11:17 pm

Hi
If someone can help me, i have case in eu treaty right from last 3 years and they put me on temporary stamps till now. I requested for judicial review for delay in application.
The questions Immigration officer raised,
The marriage of convinence and fraud.


Whatever, immigration office asked me, i sent them through paper work and proofs as much as i can,
But still i am waiting for decision.

I requested my solicitor to put this in review, she said i will do that, but will take barriester advice in some points
The barriester came to my solicitor and said with brief papers and keys point are

've finally received the barrister's advice this morning. It's quite lengthy (because she is so thorough!) but the key points from it are that she thinks we have submitted sufficient evidence to challenge a finding of marriage of convenience, but that we have not submitted sufficient evidence to challenge a finding of fraud in relation to the question of whether My wife was actually living and working in Ireland. She states:

In particular, more material is needed to evidence Of my wife residence in the State (ideally references from landlords confirming their residence etc. – I note that you already included one such letter from Landlord 2 years ago), and to address Of my wife employment record, presence on the live register and/or her resources to support herself and her family members in the State.

I have 2 kids from last three years from an other woman.
My son passport is on hold from last 3 years, because it was based on me spending 3 to 4 years in state.

Passport office, we need to verify you residence was legal and Immigration office is not making any decision and holding up from last three years.

On other hand, i have application inn family reunification based on my son. The department asked for DNA test for paternity. Because my current patner is asylum seeker and its approved

What are the possibilties? And what i can do in eu treaty rights case?
I already spoke to my previous landlord any references? Which already sent to immigration office.
My X wife was doing deliveries for food chain. And it was contracted and stated my wife is responsible for tax things. And i also sent contract to immigration
How can they say fraud? And holding up from last 3 years. Why they are doing this?

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griffith
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Re: Eu treaty right retained unit

Post by griffith » Thu Mar 25, 2021 11:46 pm

What do you mean when you say that she was doing deliveries? Was she self employed?
Was this the reason behind the revocation of your visa?

Generally the minister provides enough evidence to prove a sham marriage. To the best of my knowledge after revoking the stamp they delay the case as long they cant prove their allegations.
Stay strong & never Give up!

Baba786
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Re: Eu treaty right retained unit

Post by Baba786 » Fri Mar 26, 2021 10:21 am

Yes she was self employed, she was working for dominos.
Dominos gave contract to her, my wife is responsible for all tax liabilities.
The main reason for revoke my visa is fraud and marriage of convinence. They put this allegation
Fraud in that way, my wife was not in country.
And i sent all the documentation but they are not bothering. Everytime they say i am queue. talk to sake from last 3 years. People received their decisions who send there cases after me. But me still in queue

Problem is that, what are the possibilities?
So they make the decision?
Even talk to sake, they can refuse, instead putting someone in the middle from last three years
Please if someone suggest any solution?

Baba786
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Posts: 7
Joined: Sat Feb 13, 2021 1:38 am

Re: Eu treaty right retained unit

Post by Baba786 » Sat Mar 27, 2021 1:22 pm

Please if anyone can help me or suggest me something. Please

usmanch313
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Re: Eu treaty right retained unit

Post by usmanch313 » Sat Mar 27, 2021 5:26 pm

Its tough mate, EU Treaty Review Department are taking so long time . I gone through so I know its not easy .you solister is the main who can push them if you have enough evidence to prove your are genuine.

What grounds they saying your marriage is not genuine?
Did they Provide any Kind of evidence ?

You also applied application base on Irish Child ?

Baba786
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Re: Eu treaty right retained unit

Post by Baba786 » Sat Mar 27, 2021 9:24 pm

Yes Usman, They Wrote me in 2018, about my marriage is fake, and i provide all evidence and explanation with facts.

but after that, i am still on temporary stamps. Bro Eu treaty rights taking such a long time, 3 years are enough. i don't know what they upto?
even i requested them make decision, if you want to refuse go for it. but at least give me decision.
i know they can't proof marriage is not genunie. They don't have any evidence, if they do, they won't let me live here from last three years.
i have one question?
i am on temporary stamp. Can i travel? i mean
can they make any negative decision in my absence from state and refuse to give me entry on way back?

and yes i have baby from different partner and my partner is stamp 4 asylum seeker in the state and baby has the same status as mother.
i applied in family reunification, now they are asking me for DNA. i said ok, go a head now will see what happened next?

usmanch313
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Re: Eu treaty right retained unit

Post by usmanch313 » Tue Mar 30, 2021 8:39 pm

**Serious allegations of marriage of convenience and misleading documents successfully rebutted**

By way of background our client’s marriage to EU citizen broke down and the couple separated in 2015. Our client applied for PR on the basis of his 5 years residence in August 2018 through his previous Solicitors. Our client attended our office 6 weeks ago and sought an opinion about the delay. We brought a Judicial Review against the Minister in the High court. The Minister in return alleged our client with marriage of convenience and submissions of fraudulent documents under Regulations 27(1) and 28(2) of the Free Movement Regulations 2015. In our replying submissions we strongly contested and contended the Minister’s allegations only two days ago. Today received his PR and the Minister withdrew all the allegations.

Very Close friend of mine got PR Approval through out JR.

Ramon
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Re: Eu treaty right retained unit

Post by Ramon » Sat Jul 24, 2021 4:00 am

Hi I’m in the same situation. I have no response from review for 24 months. I am thinking for a judicial review following your footstep. My solicitor is not so much expert and told me a Judicial review cost a lot of money. It will be very helpful if you can tell me which solicitor firm you had appointed to process your case? I want to also contact them to process my case.

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CR001
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Re: Eu treaty right retained unit

Post by CR001 » Sat Jul 24, 2021 5:18 am

Ramon wrote:
Sat Jul 24, 2021 4:00 am
Hi I’m in the same situation. I have no response from review for 24 months. I am thinking for a judicial review following your footstep. My solicitor is not so much expert and told me a Judicial review cost a lot of money. It will be very helpful if you can tell me which solicitor firm you had appointed to process your case? I want to also contact them to process my case.
Members are not permitted to post he names and details of solicitors on the forum. Please do not ask for this information,it will be removed.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Baba786
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Re: Eu treaty right retained unit

Post by Baba786 » Sat Jul 24, 2021 12:44 pm

Hi, i must say brother, contact xxxxx
He is good solicitor but i am in the same boat from years. Its almost 3 years.

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