Retention rights

Hrits · Post by **Hrits** » Mon Feb 19, 2018 11:28 pm

Hi Guys,

My situation is like this.. i made an application to retain my stamp 4 in December 2016. I received a reply from DOJ in feb 2017 saying that my application fall under refusal but further down in the letter it says that i do qualify to retain my rights of residence under a section of the law or something. I have been without a visa for nearly more than a year now. I am on third year in college for a BSc Honours course in a recognise college. I have also received a job offer from a good company. I am not sure whether to accept the job offer or not as i dont have a valid visa.
Thats where your great minds are needed.. what can i do next. I have 2 weeks left to answer for the job offer. I am meeting the solicitor in 2 days. They have been sending follow up letters but we didnt receive anything since the last letter i received in 2017. I have no criminal records, i am still employment as i am waiting for an appeal to come in.

Grateful if any of you can advice please.

Thank you

broli · Post by **broli** » Tue Feb 20, 2018 8:28 am

Hi ,

I am not sure if i can help , but for other people to help give more details.

You were refuse retention 1 year ago , so on what basis are you now in the country ?
Any valid permit (which )? any pending appeal ?

Cheers.

finalversion_2k · Post by **finalversion_2k** » Tue Feb 20, 2018 9:28 am

@hrits: would you please tell exactly what you meant by (but further down in the letter it says that i do qualify to retain my rights of residence under a section of the law or something).

Thanks,
Kind Regards

Hrits · Post by **Hrits** » Tue Feb 20, 2018 11:05 pm

You were refuse retention 1 year ago , so on what basis are you now in the country ?
Any valid permit (which )? any pending appeal ?

hi Guys,

apologies for the delay - I am in the country for a pending appeal.

would you please tell exactly what you meant by (but further down in the letter it says that i do qualify to retain my rights of residence under a section of the law or something).

In the letter it says that i provided evidence that my marriage lasted for more 3 years and " in that regards you do qualify to retain your residence in the State under Regulation 10 of the Regulations."

i am meeting the solicitor tomorrow.

finalversion_2k · Post by **finalversion_2k** » Fri May 18, 2018 8:43 am

Hrits wrote: ↑
Mon Feb 19, 2018 11:28 pm
Hi Guys,

My situation is like this.. i made an application to retain my stamp 4 in December 2016. I received a reply from DOJ in feb 2017 saying that my application fall under refusal but further down in the letter it says that i do qualify to retain my rights of residence under a section of the law or something. I have been without a visa for nearly more than a year now. I am on third year in college for a BSc Honours course in a recognise college. I have also received a job offer from a good company. I am not sure whether to accept the job offer or not as i dont have a valid visa.
Thats where your great minds are needed.. what can i do next. I have 2 weeks left to answer for the job offer. I am meeting the solicitor in 2 days. They have been sending follow up letters but we didnt receive anything since the last letter i received in 2017. I have no criminal records, i am still employment as i am waiting for an appeal to come in.

Grateful if any of you can advice please.

Thank you

Any Updates? did you went for Job Offer OR Retention?

Hrits · Post by **Hrits** » Fri May 18, 2018 8:51 am

finalversion_2k wrote: ↑
Fri May 18, 2018 8:43 am

Hrits wrote: ↑
Mon Feb 19, 2018 11:28 pm
Hi Guys,

My situation is like this.. i made an application to retain my stamp 4 in December 2016. I received a reply from DOJ in feb 2017 saying that my application fall under refusal but further down in the letter it says that i do qualify to retain my rights of residence under a section of the law or something. I have been without a visa for nearly more than a year now. I am on third year in college for a BSc Honours course in a recognise college. I have also received a job offer from a good company. I am not sure whether to accept the job offer or not as i dont have a valid visa.
Thats where your great minds are needed.. what can i do next. I have 2 weeks left to answer for the job offer. I am meeting the solicitor in 2 days. They have been sending follow up letters but we didnt receive anything since the last letter i received in 2017. I have no criminal records, i am still employment as i am waiting for an appeal to come in.

Grateful if any of you can advice please.

Thank you
Any Updates? did you went for Job Offer OR Retention?

I applied for the retention and im still waiting for a decision..i went also for the job offer and lost it because i dont have any papers which says i can work.. papers i have says i can reside only but nothing about work. As soon as i receive a reply i can get the job back or applied for a new job in the same comapny. I emailed the DOJ and they told me they are processing application received on feb 2017 at the moment and they are processing it i strict chronological order. So i have to wait for until they process my case.

finalversion_2k · Post by **finalversion_2k** » Fri May 18, 2018 9:15 am

Feb2017 woow means it will take some extra time.

I was thinking like what if you send email OR letter to Dept and tell them your retention application is in process and in mean time you have recv job offer. In order to go for that Job offer you need Temp stamp which cover you for couple of months 'period of work permit application'.

Hrits · Post by **Hrits** » Fri May 18, 2018 9:18 am

finalversion_2k wrote: ↑
Fri May 18, 2018 9:15 am
Feb2017 woow means it will take some extra time.

I was thinking like what if you send email OR letter to Dept and tell them your retention application is in process and in mean time you have recv job offer. In order to go for that Job offer you need Temp stamp which cover you for couple of months 'period of work permit application'.

I did asked for this..but the DOJ is not giving anything. They only say i have to wait until the application is processed and i should receive an answer relatively soon.

finalversion_2k · Post by **finalversion_2k** » Fri May 18, 2018 9:57 am

what was the reason why they refuse your retention application before?

Hrits · Post by **Hrits** » Fri May 18, 2018 10:17 am

finalversion_2k wrote: ↑
Fri May 18, 2018 9:57 am
what was the reason why they refuse your retention application before?

My ex wife is an eu national.. we got married in 2010 and divorce in 2015. After we lost a baby we decided that she will take a break from that bad experience and she will go to her parents place for a few days to clear her mind. She was in really bad form. She left the State in 2013 and i thought she will come back but never did. So i applied for a retention after the divorce. I didnt know my ex wife will never come back to the State. Because we were in a happy relation relationship. Anyway when my stamp 4 expired in December 2016..i made an appeal..and this has since been dragging til now. All im gearing from the DOJ is i have to wait.

Hrits · Post by **Hrits** » Fri May 18, 2018 10:17 am

finalversion_2k wrote: ↑
Fri May 18, 2018 9:57 am
what was the reason why they refuse your retention application before?

My ex wife is an eu national.. we got married in 2010 and divorce in 2015. After we lost a baby we decided that she will take a break from that bad experience and she will go to her parents place for a few days to clear her mind. She was in really bad form. She left the State in 2013 and i thought she will come back but never did. So i applied for a retention after the divorce. I didnt know my ex wife will never come back to the State. Because we were in a happy relation relationship. Anyway when my stamp 4 expired in December 2016..i made an appeal..and this has since been dragging til now. All im hearing from the DOJ is i have to wait.

finalversion_2k · Post by **finalversion_2k** » Fri May 18, 2018 10:31 am

so from 2013 to 2015 did you inform the DOJ?? or you were just waiting for your stamp to expired and then apply for EU3??

hmm it's clear case of Retention. fill the EU5. Attached every document where you and your wife name is mentioned, also add baby documents. and give it shot. but as your application is already in process so hope you will get some positive response.

Hrits · Post by **Hrits** » Fri May 18, 2018 10:49 am

finalversion_2k wrote: ↑
Fri May 18, 2018 10:31 am
so from 2013 to 2015 did you inform the DOJ?? or you were just waiting for your stamp to expired and then apply for EU3??

hmm it's clear case of Retention. fill the EU5. Attached every document where you and your wife name is mentioned, also add baby documents. and give it shot. but as your application is already in process so hope you will get some positive response.

I didnt inform the DOJ as i didnt know my ex wife will never come back. So i filled in a form for the retention of my stamp 4 right after the divorce. Same was refused in December 2016..i made an appeal for it.. im still waiting for a decision.

finalversion_2k · Post by **finalversion_2k** » Fri May 18, 2018 11:08 am

I'm just trying to understand what you missed in your Retention application which make refusal to your application. was their any reason mentioned in refusal later?

Hrits · Post by **Hrits** » Fri May 18, 2018 11:22 am

finalversion_2k wrote: ↑
Fri May 18, 2018 11:08 am
I'm just trying to understand what you missed in your Retention application which make refusal to your application. was their any reason mentioned in refusal later?

The reason is my ex wife left the country in Decmeber 2013, therefore my rights of residence ceased at that time. Divorce was initiated on April 2015 and finalised November 2015. Therefore, i am no longer a family member of the eu citizen.

finalversion_2k · Post by **finalversion_2k** » Fri May 18, 2018 11:39 am

yes that make sense but question is how they know your wife left the country in December 2013? did you inform them OR someone else?

finalversion_2k · Post by **finalversion_2k** » Fri May 18, 2018 11:43 am

Like assume/supposed if they didn't know your wife left the state and you apply Eu5 with all the available documents which are on your name and your wife, then I don't think you should refuse... but if they already know then can't say anything..

Hrits · Post by **Hrits** » Fri May 18, 2018 11:45 am

finalversion_2k wrote: ↑
Fri May 18, 2018 11:39 am
yes that make sense but question is how they know your wife left the country in December 2013? did you inform them OR someone else?

I provided signed letter from my landlord that we were not living together when i applied for a retention and some other documents until she left the country.

finalversion_2k · Post by **finalversion_2k** » Fri May 18, 2018 12:04 pm

hmm.. If I was on your place I'll not do that.. what I'll do let things go for while however they are going, make as much document as possible on both of our names. then get divorce and Apply for Retention..

most/complete EU5 Requirements: she need to be in ireland and exercising her treaty rights at the time of divorce.. now you provide latter from your landlord that she wasn't here..

I hope decision will be in your favor .. and Ill b wrong.. best of luck.

finalversion_2k · Post by **finalversion_2k** » Wed Jan 30, 2019 10:44 am

@Hrits did you heard anything from Department??

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