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PR Application Review Decision ( Help)

Forum to discuss all things Blarney | Ireland immigration

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usmanch313
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Posts: 163
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PR Application Review Decision ( Help)

Post by usmanch313 » Thu Mar 04, 2021 5:07 pm

Dear Members I Really need advice on this matter.


.Application EU1 Applied Successfully Granted 2013
Divorce with EU Citizen 2017 and Granted Successfully retention application June 2018.
EU 3 Application applied October 2018 and
July 2019 Refused Base on Marriage is Convenience Revoked All Stamps

Review applied August 2019 after 18 Months long Battle I received Letter

I am directed by the Minister for Justice and Equality to refer to your request for a review of the
decision to refuse your application for a permanent residence card and to revoke your residence
card, which was received in this office on 30/08/2019.

The decision to refuse your application and
to rekoke your residence card has been reviewed

I am to inform you that the review of your application has not been successful, as you do not fulfil
the relevant conditions set out in the Regulations and the Directive.
The decision to refuse your

Minister finds that the decision of 08/08/2019 to revoke your residence card should be set aside.
The residence card that you were provided with on 18/03/2013 is now reinstated.

In order to obtain a permanent residence card, non-EEA nationals must have resided in the State for
five years or more as the family member of a citizen of the EU. Applicants must establish that they
are a family member of an EU citizen and that they have lived in the State for five years or more as
the family member of an EU citizen.
The EU citizen must have been living in Ireland for a
continuous period of five or more years while exercising his or her EU Treaty Rights through

Based on the information that you have supplied regarding your relationship with the EU citizen,
the Minister is satisfied that you are no longer a qualifying family member of a
Union citizen under Regulation 3(5) of the Regulations.
In this case, you married the EU citizen on 13/02/2013, and you divorced on 11/03/2017. The
Minister is not satisfied that you continue to be a family member of an EU citizen.

Question: I Was Granted Retention Base on Divorce why did they not Consider that point.I applied PR Card Base on my Self


Look forward Any advice on this matter?

Obie
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Ireland

Re: PR Application Review Decision ( Help)

Post by Obie » Thu Mar 04, 2021 5:39 pm

That position seems wholly wrong as period as a family member and period and period following retention can be added.
To require you to get a new set of 5 years seems clearly unlawful.
Judge not, and you will not be judged.

usmanch313
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Posts: 163
Joined: Thu May 12, 2016 1:49 pm

Re: PR Application Review Decision ( Help)

Post by usmanch313 » Thu Mar 04, 2021 5:45 pm

Thanks @ Obie

I think officer didn't Read my file before making Decision
Now what should I need to do Next ?
Because EU Treaty Review Application Now Closed ?
Do I Have to send a Letter Regarding this error?

Thanks

Obie
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Ireland

Re: PR Application Review Decision ( Help)

Post by Obie » Thu Mar 04, 2021 5:52 pm

Option open now may be threat of legal action, which will appear to have merits, if decision is not overturned.

No power in law for a review to be reopened..
Judge not, and you will not be judged.

usmanch313
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Posts: 163
Joined: Thu May 12, 2016 1:49 pm

Re: PR Application Review Decision ( Help)

Post by usmanch313 » Thu Mar 04, 2021 6:00 pm

Thanks Obie for your advice.
Really appreciate that

usmanch313
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Posts: 163
Joined: Thu May 12, 2016 1:49 pm

Re: PR Application Review Decision ( Help)

Post by usmanch313 » Fri Apr 02, 2021 3:10 pm

The letter that issued to your client on 02/03/2021 advised him that his request to obtain a permanent residence card had not been successful.

Having considered all of the information, documentation, and submissions on file in respect of your client, the Review Officer in this case determined that there was insufficient evidence on file to ground the finding of 08/08/2019 that your client and his wife took part in a marriage of convenience. As such, the Review Officer set aside the decision of 08/08/2019 to revoke the residence card that had previously been provided to your client. It followed, therefore, that the permission that your client enjoyed between 18/03/2014 and 17/03/2019 was reinstated. Given that your client's permission had been reinstated,

In this case, your client married the EU citizen on 2013, and they divorced on 2017. The Review Officer was not satisfied that the applicant in this case continued to be a family member of an EU citizen.
Nor was he satisfied that the applicant had lived in the State for five years or more as the family member of an EU citizen prior to their divorce. Therefore, the Review Officer found that your client did not have an entitlement under the Regulations to a permanent residence card as a family member of an EU citizen. As such, the decision to refuse your client's application for a permanent residence card was confirmed. You will be aware that Regulation 25(5)(a) of the 2015 Regulations makes provision for a Review Officer to 'confirm the decision the subject of the review on the same or other grounds having regard to the information contained in the application for the review. You refer to the letter that issued to your client on 18/02/2018, ( Retention Approved) **

which advised him that his application to retain a residence card had been successful and that the permission to remain that was granted to him on 18/03/2014 remained valid until 17/03/2019. Please note carefully that your client was not provided any additional permission to remain at that time, rather he was permitted to remain in the State until the permission that had previously been provided to him expired on 17/03/2019. That permission has neither been retained nor renewed. As it stands, and for the avoidance of doubt, your client enjoyed permission to remain in the State under EU Treaty Rights between 18/03/2014 and 17/03/2019. He has not been provided any further EUTR permission since that time. I trust that this clarifies matters. Yours faithfully,

Look like to me decision Officer is not aware of Law Regarding this its cleard black and white ?
I Already have approval from Retention department EU5 application and officer still don't know what going on ?

Any one help me on this or any suggestions?

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griffith
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Re: PR Application Review Decision ( Help)

Post by griffith » Fri Apr 02, 2021 4:59 pm

If the minister has provided enough evidence to prove your marriage was a sham than i dont think you are getting anything out of it.
And when you say that you applied for a permanent residence card on the basis of yourself than its simply not right as you are a non eu divorcee who is no longer a family member on an EU citizen.
I think the question is why your marriage was found be a marriage of convenience. They must have given details of them which you couldn't deny and you know your case better than anyone else.
Stay strong & never Give up!

usmanch313
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Re: PR Application Review Decision ( Help)

Post by usmanch313 » Fri Apr 02, 2021 5:37 pm

@Griffith I think you assuming your self without reading full post.
I applied EU3 application base on Divorce
Minister was found Marriage is convenience
after they Review my application they Reinstated my all Permission.
They saying we can't grant you PR Because I wasn't EU family member for 5 years .

I was Divorce in 2017 and applied Retention which was approved Jan 2018 on the they they said when my Current permission is expired I can apply EU3 application without EU Partner details.

Decision Officer is not considered my Retention EU5 application which was totally wrong and unlawfully.

usmanch313
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Re: PR Application Review Decision ( Help)

Post by usmanch313 » Fri Apr 02, 2021 5:47 pm

@Griffith for knowledge This is what I received when I was approved Retention base on Divorce


The Minister has examined your application based on the documentation on file. I am to inform you tha
the Minister has decided to approve your application for retention of your residence card as you fulfil ti
relevant criteria set out in the Regulations and the Directive.

The residence card (Stamp 4EUFam) which was granted to you on 2014 remains valid until
2019.

Six months before the expiry of that card, you should apply to this office for a permanent
residence card on Form EU3.

When applying on Form EU3 you must include the details required in Section 1B of the form,
but you may omit Section 2 and Section 3.


According to this approval letter I'm eligible for PR Card .

This is what I'm trying to Explain decision Officer I don't why they ignoring this ?
I don't have any more eligation Marriage is convenience and my app permission is Reinstated now .

ailA2019
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Re: PR Application Review Decision ( Help)

Post by ailA2019 » Fri Apr 02, 2021 6:24 pm

You can send a letter to them for confirmation, but I suggest seeing a solicitor's opinion first. If the officer made a mistake, that is a great way to sort out your permission quickly.

usmanch313
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Re: PR Application Review Decision ( Help)

Post by usmanch313 » Sat Apr 17, 2021 2:29 pm

Hi Everyone

After submitted the answers with EU Rules and EU 3 application Explanation
( Like if you granted Retention base on Divorce you eligible for Permanent resident Card .


I got this response from Department its mean they going to issue new Decision with PR Approval or something else
I Really appreciate Groupe members if they can assist me on this .


Dear ...........

Having consulted with relevant personnel, it has been decided that this
decision letter should be withdrawn. This office will be in touch with you
in due course regarding the next step of the prcoess.

Kind Regards

Look forward

finalversion_2k
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Re: PR Application Review Decision ( Help)

Post by finalversion_2k » Mon Apr 19, 2021 4:37 pm

usmanch313 wrote:
Sat Apr 17, 2021 2:29 pm
Hi Everyone

After submitted the answers with EU Rules and EU 3 application Explanation
( Like if you granted Retention base on Divorce you eligible for Permanent resident Card .


I got this response from Department its mean they going to issue new Decision with PR Approval or something else
I Really appreciate Groupe members if they can assist me on this .


Dear ...........

Having consulted with relevant personnel, it has been decided that this
decision letter should be withdrawn. This office will be in touch with you
in due course regarding the next step of the prcoess.

Kind Regards

Look forward
that looks really positive to me. sounds like they realize there mistake and ready to correct. Ramadan brings its blessing congrats bro..

I just want to know one thing, July 2019 when they Refused base on Marriage is convenience and Revoked All stamps, Can you please check on 2019 letter, that did they asked you to fill EU4 form? And Review applied Aug 2019 what status they gave you for next 18 months??

will really appreciate your answer for above.

usmanch313
Member
Posts: 163
Joined: Thu May 12, 2016 1:49 pm

Re: PR Application Review Decision ( Help)

Post by usmanch313 » Mon Apr 19, 2021 7:28 pm

@Finalversion_2K

Thanks for response I hope they reaise (DOJ) and issue me posotive decision because I'm waiting since july 2018 when I applied PR Card .

Well when I received first Refusals with plenty of convictions
two is main Marriage is convenience and manipulated Documents to obtain Residence card in my case my ex partner also mentioned to Detectives that we were never live together which is totally lie because of she jealous with my new relationship etc.
Then I submitted all the answers with details explaining letter and Evidence after aproxmitey 20 days after I received same copy paste letter where they asked me I have 21 days for appeal.

Yes I submitted EU form4 Review (RPTR) where they accepted and give me temporary permission within 3 week . March 21 I received decision where they take back all eligation and Reinstated my all permission

Happy to help you

irish786
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Re: PR Application Review Decision ( Help)

Post by irish786 » Thu Apr 22, 2021 9:17 pm

Hi Guys
@ Usmanch313
@ Finalversion-2K
Im looking a advise from u as im learning a lot new Eu Treaty Rules from u
i will be very thankful to u guys if u reply my query

I applied EU3 form behalf of my EU SPOUSE over two year ago witch is i got granted 10 Pramanet Stamp 4EUFam
after one year my spouse left me for some reasons during that time i applied already Citizenship through solicter still waiting for result my eu spouse apply divorce from her country recently i got the divorce decree then i informed to my solicter to update my current circumstances with the department my solicter advise me to go with EU5 Rention Form i wasn’t expecting that i already holding a permanent stamp can you please guy advise me what is the next safe step should i need take i personally don’t want to face the department anymore

usmanch313
Member
Posts: 163
Joined: Thu May 12, 2016 1:49 pm

Re: PR Application Review Decision ( Help)

Post by usmanch313 » Thu Apr 22, 2021 10:47 pm

The Legal basis for Retention Permission

Directive 2004/38EC which is given effect in Ireland by The European Communities (Free Movement of Persons) Regulation 2015 (the “Regulations) allows for retention of residence in certain circumstances.

••• If you have previously been granted an EU1 residence card but your circumstances have changed such that:-

Your marriage of civil partnership to the EU Citizen has been dissolved through divorce, annulment or Civil Partnership then you may be entitled to make an application for retention of a residence card

According to this article I don't think so you need apply EU5 Retention application. Its said clearly Previously Granted EU1 Residence Card didn't mention about EU3 .
If you get Divorce you can update Citizenship Department rather than EU Treaty.

Well most senior members will clarify on this.

finalversion_2k
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Re: PR Application Review Decision ( Help)

Post by finalversion_2k » Fri Apr 23, 2021 8:17 am

@usmanch313 gve best answer with legal reference.

I never heard anyone applied EU5, when your EU3 is already approved. I applied retention because I was granted residence via EU1. I believe your solicitor is wrong OR New to this EU5 domain.

usmanch313
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Posts: 163
Joined: Thu May 12, 2016 1:49 pm

Re: PR Application Review Decision ( Help)

Post by usmanch313 » Wed Apr 28, 2021 9:34 am

Finally no more wait

ALhamdulillah today I Recived my Permanent Resident Card . Thanks to Immigration Board player from who always help and guide me with genuine advice and support.

They didn't mention on letter you are not required EU Citizen for IRP.
Can I apply online or I need appiontemt.


Look forward

finalversion_2k
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Re: PR Application Review Decision ( Help)

Post by finalversion_2k » Wed Apr 28, 2021 2:13 pm

Congrats @usman313 Happy to hear about you. you show great patience from more then 2 years..

best of luck brother.

littlerr
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Re: PR Application Review Decision ( Help)

Post by littlerr » Wed Apr 28, 2021 2:17 pm

usmanch313 wrote:
Wed Apr 28, 2021 9:34 am
Finally no more wait

ALhamdulillah today I Recived my Permanent Resident Card . Thanks to Immigration Board player from who always help and guide me with genuine advice and support.

They didn't mention on letter you are not required EU Citizen for IRP.
Can I apply online or I need appiontemt.


Look forward
Congrats! Have you received the card itself? If yes, you shouldn't need to apply online or get an appointment.

If you just have the decision letter but not the card, you need to apply online (if you live in Dublin) or book an appointment with your local Garda station (if you live outside of Dublin) to get your residence card.

Permanent Residence cards are not dependent on your EU spouse. You have the card on your own basis for life. (So say for example if you divorce a few years later, you will still have your PR status for life.)

usmanch313
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Joined: Thu May 12, 2016 1:49 pm

Re: PR Application Review Decision ( Help)

Post by usmanch313 » Wed Apr 28, 2021 2:53 pm

Thanks littler for your response.
Sorry for confusion

I Received letter today NOT Card. I already Divorce couple of years ago I decision base on me. But they still asking EU citizen require for this card.

Please see response below

You should bring this letter with you when you attend to register.
Your passport will be endorsed
with the appropriate permission to remain which will be valid for a ten-year period.

If your current passport expires during this ten-year period, your passport will be stamped until the date of
its expiry.
When you are issued with a new/renewed passport, you and the EU citizen should return to your
local immigration office to have the remainder of the ten-year period endorsed in your passport.

***You and EU Citizen Should Return to your local immigration off

littlerr
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Re: PR Application Review Decision ( Help)

Post by littlerr » Wed Apr 28, 2021 3:25 pm

I think it’s just a template letter so don’t worry about having your divorced spouse with you :)

If you live in Dublin, you should just be able to get your card using the online renewal application.

usmanch313
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Re: PR Application Review Decision ( Help)

Post by usmanch313 » Wed Apr 28, 2021 4:12 pm

Thanks littlerr I will apply online ۔

irish786
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Re: PR Application Review Decision ( Help)

Post by irish786 » Thu Apr 29, 2021 9:19 pm

usmanch313 wrote:
Wed Apr 28, 2021 9:34 am
Finally no more wait

ALhamdulillah today I Recived my Permanent Resident Card . Thanks to Immigration Board player from who always help and guide me with genuine advice and support.

They didn't mention on letter you are not required EU Citizen for IRP.
Can I apply online or I need appiontemt.


Look forward



Congratulations Bro very glad to see your approval

usmanch313
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Posts: 163
Joined: Thu May 12, 2016 1:49 pm

Re: PR Application Review Decision ( Help)

Post by usmanch313 » Fri Apr 30, 2021 3:57 pm

usmanch313 wrote:
Mon Apr 19, 2021 7:28 pm
@Finalversion_2K

Thanks for response I hope they reaise (DOJ) and issue me posotive decision because I'm waiting since july 2018 when I applied PR Card .

Well when I received first Refusals with plenty of convictions
two is main Marriage is convenience and manipulated Documents to obtain Residence card in my case my ex partner also mentioned to Detectives that we were never live together which is totally lie because of she jealous with my new relationship etc.
Then I submitted all the answers with details explaining letter and Evidence after aproxmitey 20 days after I received same copy paste letter where they asked me I have 21 days for appeal.

Yes I submitted EU form4 Review (RPTR) where they accepted and give me temporary permission within 3 week . March 21 I received decision where they take back all eligation and Reinstated my all permission

Happy to help you
Thanks Brother Soon you will be hear as well Good News ،
Good luck

usmanch313
Member
Posts: 163
Joined: Thu May 12, 2016 1:49 pm

Re: PR Application Review Decision ( Help)

Post by usmanch313 » Fri Apr 30, 2021 3:58 pm

littlerr wrote:
Wed Apr 28, 2021 3:25 pm
I think it’s just a template letter so don’t worry about having your divorced spouse with you :)

If you live in Dublin, you should just be able to get your card using the online renewal application.
Thanks littlerr I received yesterday confirmation from INIS card will posted to me ۔

Thanks again

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