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Retention Advice Please!!!!!!

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push, Administrator

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irish786
Newbie
Posts: 47
Joined: Sat Mar 24, 2018 1:43 am
Ireland

Retention Advice Please!!!!!!

Post by irish786 » Mon Feb 22, 2021 1:51 pm

Hi Member
Im looking a advice from you

1: I’m Holding a eu3 permanent stamp 4EUFam for 10 years on behalf of my eu spouse after sometimes that we separated now i got the divorce recently should i need to apple for Retention or i need to inform to Eu Treaty Department about my current circumstances.My EU spouse living in the state and working full time

2: During the process for apply the citizenship we was living separately and i mentioned about the Separation should i need to inform the Citizenship Department as well

Vorona
- thin ice -
Posts: 425
Joined: Mon Mar 16, 2020 6:34 pm
Ireland

Re: Retention Advice Please!!!!!!

Post by Vorona » Mon Feb 22, 2021 2:14 pm

Yes. Your current permission was given to you to live with your EU husband or wife. As you've divorced, your permission is not valid anymore and you need to get a separate permission.

You must inform the citizenship about your divorce as well.

littlerr
Diamond Member
Posts: 1696
Joined: Wed Jul 25, 2018 12:14 pm
China

Re: Retention Advice Please!!!!!!

Post by littlerr » Mon Feb 22, 2021 3:07 pm

Vorona wrote:
Mon Feb 22, 2021 2:14 pm
Yes. Your current permission was given to you to live with your EU husband or wife. As you've divorced, your permission is not valid anymore and you need to get a separate permission.

You must inform the citizenship about your divorce as well.
The first part is not correct.

Under EU Treaty Rights, once the EU national and their non-EU spouse both have exercised 5 years of EU Treaty Rights in the host country, they both earn permanent residency on their own rights.

After they obtained permanent residency, if they eventually get separated or divorced, or if one person passed away, or if either person stopped working, it will not affect either person's the permanent residency. The host country's authority under the legislation cannot require either party to produce further proof other than the permanent residence card or certificate, regardless of their marital status, employment status etc. However, it is still advisable to inform the EU Treaty Rights unit about the change, just so that they have it on the record.

The second part is correct. You must inform citizenship department if the application is still in progress.

Obie
Moderator
Posts: 14881
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Retention Advice Please!!!!!!

Post by Obie » Mon Feb 22, 2021 7:43 pm

Yes littlerr's advise is spot on. The other advise is simply incorrect.
Judge not, and you will not be judged.

pksr123
Newly Registered
Posts: 5
Joined: Tue Mar 09, 2021 6:03 pm
Ireland

Re: Retention Advice Please!!!!!!

Post by pksr123 » Wed Mar 10, 2021 7:44 am

Hi irish786
I’m on same situation like you, I’m holding PR only since last month. Me and my wife going for a separation/divorce route, wondering if you did separation/divorce processing here or from your ex mrs country?

Thankyou

Erfan
Newly Registered
Posts: 10
Joined: Sat May 01, 2021 11:09 pm
Ireland

Re: Retention Advice Please!!!!!!

Post by Erfan » Sat May 01, 2021 11:27 pm

Hi Everyone
I'm no EU National Married to EU National in 2011
Stamp 4 Granted in 2014 and due to personal reasons we got Divorced in 2016 ۔

Since we marry till Now She still Residence in State۔
I applied Retention 2019 and Got Refusals year after apply ۔
My all permission is still valid ، I haven't received any kind of visa or stamp revocation letter

I have no Conviction Like Marriage is Conviences or Fraud Documents or Manipulated documents etc ۔

Simply they Refuse my application base on one reason that's I failed to provide evidence that before divorce and during the divorce my wife doing any kind of activities or residence in estae۔
My Ex wife was Residence in state and she applied social welfare but unfortunately I don't have any evidence to provide them ۔

Any kindly of suggestions or help really appreciate to hear۔

Thanks

Obie
Moderator
Posts: 14881
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Retention Advice Please!!!!!!

Post by Obie » Sat May 01, 2021 11:40 pm

Did you ask the minister to make enquiries? Have you filed for a divorce?
Judge not, and you will not be judged.

Erfan
Newly Registered
Posts: 10
Joined: Sat May 01, 2021 11:09 pm
Ireland

Re: Retention Advice Please!!!!!!

Post by Erfan » Sat May 01, 2021 11:46 pm

Thanks Obie for Response

Yes I already explained to Minster I was divorce in 2016 I'm applying Retention 2019 I don't have any contact with my ex I don't have any evidence to provide you۔
she was residence in state and she applied social welfare ، if you can provide any evidence against me there is no response from department and grated me Temparay permission after 10 months ۔

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