Stages Of Retention

@Obie we had a good discussion yesterday. there was idea to submit the sworn Affidavit by EU citizen, but one of the barrister not recommend this.. his point was ATM whatever you will provide they will see them with Fraudulent document lens As they are already not accepting what you provided so better to fight what you already provided..

finalversion_2k wrote: ↑

Fri Jan 10, 2020 10:13 am

Thanks @Alixlboy your words mean a lot bro..

Yesterday I met solicitor and review FOI and Refusal letter together.. I sort out FOI Index page in date order.. there are lots of strange things we found.. For example I submit application on 12/09/2018 and on 13/09/2018 Next day clerk recommend to refuse my application, letter is in FOI file with date Another interesting thing they refused and revoke my stamp on basis of polish Authority email which was received on 05/10/2018 means after almost 3 weeks after my application.. means they refused my application already before Polish Authority response.. and still asking me for documents for 15 Months.. they are definitely discriminating and doing stupid things to prevent us to be on right track..

That s truly insane. How can they decide the very next day and that too without any solid proof or reason.
I think the barrister s advice is good. Get the temp stamp first at least and then go for the other option(s).

finalversion_2k wrote: ↑

Fri Jan 10, 2020 5:11 pm

@Obie we had a good discussion yesterday. there was idea to submit the sworn Affidavit by EU citizen, but one of the barrister not recommend this.. his point was ATM whatever you will provide they will see them with Fraudulent document lens As they are already not accepting what you provided so better to fight what you already provided..

Remember once you said that there are few cases in which the applicants were provided with their spouses travel history and based on that the minister had refused their permissions. So how do those guys work out their cases with the minister???
Once again these are baseless allegations because EU citizens are allowed to travel anytime and anywhere they want. Also they can reside in two countries.
Obie is right.
The allegations are on the EU citizen not you and the EU citizen has their full right to reject the ministers allegations.
Is your ex spouse still resident in Ireland???
Can she still help you with a legal letter providing evidence that she was living in Ireland for those three years ??

If i were you i would get the EU citizen involved( she must respond) I know you may argue that youse are divorced and you are the beneficiary but retention application is based on your marriage to EU citizen also false allegations are made by the minister on the EU citizen for the time when you were still married.

I hope it helps.

Well one can understand a lawyer like any professional will clearly want to prolong a case in order to further their interest.

I see no reason why it will amount to fraud if the subject in an allegation refute the allegations levelled against her.

For example I had a matter at UK tribunal, were the UK government alleged that the tax return provided by the EEA national to her former spouse was false. They clearly had no basis for alleging so, as the accountant had prepared the tax returned and confirmed so.

The Tribunal issued what is called in the UK, an Amos direction, where the government is asked to check records, but the Home Office tried to circumvent it.

I got the EU citizen to draft a statement, stating the position of the Home Office was wrong and that she had been exercising treaty rights.

Within 20 minutes, hearing had ended and appeal allowed.

We have the Polish Government, which has no interest in your case, saying their citizen was residing in Poland, we have you, who has an interest in this case, saying your wife was residing in the state.

In the absence of your wife saying I was living here or the people she was working for, confirming that this is the ID of the person that worked for us, there is no price for guessing who the court is likely to believe.

griffith wrote: ↑

Fri Jan 10, 2020 8:18 pm

finalversion_2k wrote: ↑

Fri Jan 10, 2020 5:11 pm

@Obie we had a good discussion yesterday. there was idea to submit the sworn Affidavit by EU citizen, but one of the barrister not recommend this.. his point was ATM whatever you will provide they will see them with Fraudulent document lens As they are already not accepting what you provided so better to fight what you already provided..

Remember once you said that there are few cases in which the applicants were provided with their spouses travel history and based on that the minister had refused their permissions. So how do those guys work out their cases with the minister???
Once again these are baseless allegations because EU citizens are allowed to travel anytime and anywhere they want. Also they can reside in two countries.
Obie is right.
The allegations are on the EU citizen not you and the EU citizen has their full right to reject the ministers allegations.
Is your ex spouse still resident in Ireland???
Can she still help you with a legal letter providing evidence that she was living in Ireland for those three years ??

If i were you i would get the EU citizen involved( she must respond) I know you may argue that youse are divorced and you are the beneficiary but retention application is based on your marriage to EU citizen also false allegations are made by the minister on the EU citizen for the time when you were still married.

I hope it helps.

@griffith : I saw those letters personally myself, and will still be in my phone.. they clearly mentioned entry and departure dates, they also mentioned marriage date statement when couple went to registrar for wedding date 'you stated to the registrar that you know each other from year, where as she came into state on this date' etc..

she is in Spain, went for new year with her new partner.. I can ask her but not sure what and how will be the response as she is in new relationship, but as i said earlier currently we are trying to decide the right approach. should we defend what we already provided to department OR should we provide more letter/documents.. on this board there is guy called Kupuser who face similar issue in past. he provided affidavit and everything but that didn't work him. then he applied for Section 3 application and then finally by the Grace of god he was able to move to work permit..