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Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator
adding my 2 cents as experienced ROR EU5 and outcome.Obie wrote: ↑Wed Nov 03, 2021 12:44 pmFor the avoidance of doubt, I do not support what the lawyer is saying, It is not the law, and certainly not the law in Ireland.
The EEA national must be exercising treaty rights prior to the divorce or initiation of the divorce for the non-EEA to acquire right of residence.
To say the EU national does not have to be working until initiation is not logical, not common sense, it is just nonsense.
So any advice what i can do ? My son will be 5 years in February 2022, so will he be eligible for Irish passport ? And my divorce will be done on next month as i had one hearing today and got second date for December. It is uncontested divorce. I have informed EU treaty rights about spouse not working and i got acknowledgment from them nothing else yet. Any advice please.Obie wrote: ↑Wed Nov 03, 2021 12:44 pmFor the avoidance of doubt, I do not support what the lawyer is saying, It is not the law, and certainly not the law in Ireland.
The EEA national must be exercising treaty rights prior to the divorce or initiation of the divorce for the non-EEA to acquire right of residence.
To say the EU national does not have to be working until initiation is not logical, not common sense, it is just nonsense.
Thanks for reply. We having divorce in Dublin and she have always worked here from feb 2014 till August 2020 and she is still living here no plans to leave the country. Our child will be 5 years old in February and goes to school here in Ireland. So will there be only chance of applying his Irish passport and than getting stamp 4 on behalf of father of Irish child or is there any other way. Thanksfinalversion_2k wrote: ↑Wed Nov 03, 2021 1:20 pmadding my 2 cents as experienced ROR EU5 and outcome.Obie wrote: ↑Wed Nov 03, 2021 12:44 pmFor the avoidance of doubt, I do not support what the lawyer is saying, It is not the law, and certainly not the law in Ireland.
The EEA national must be exercising treaty rights prior to the divorce or initiation of the divorce for the non-EEA to acquire right of residence.
To say the EU national does not have to be working until initiation is not logical, not common sense, it is just nonsense.
@Obie is correct EEA national must be exercising treaty rights.. and in some cases even if you prove they still find other reason/excuses(you divorce in another country, your partner wasn't here, your partner complain - because of anger jealousy bla bla bla) to disapprove your application. it all depends on their mood.
about solicitor they will always tell you fairy tale stories.. once you did the payment then they will their butcher face.
She was not here 3 years before his birth, she was short 5 days. Can child be naturalised after February or will it be a problem in process of naturalisation if she is not working. Thanks