Advise on extension of immigration permission in Ireland

Hi,
I would really appreciate if someone could please advise on this complex immigration matter. My brother is based in Ireland and has been in a relationship with an EEA national for 4 years before they reported separation to INIS in April 2019.They also applied for divorce in Lithuania in November 2019 being the home country of the EEA national which got delayed due to EEA national owing huge debts in her home country and later due to COVID crisis. He submitted his naturalisation application to the INIS in March 2020 fulfilling the criteria for reckonable residence however his stamp 4 EUFAM card got expired on 14th July 2020 which means that he needs to renew his immigration permission/Stamp 4 EUFAM card in order to be able to get the naturalisation certificate in the future. Currently, he is living together with an EEA national for the last 8 months. I would really appreciate if someone can please advise on any possibility for the extension of his immigration permission for another year or so in order to enable him to get the naturalisation certificate? Thank you

The Citizenship section have finally gotten wise to the Stamp4EUFam applications.

They're looking for evidence of the EU citizens exercise of rights now, because the EU Treaty rights permissions are declaratory only. Either treaty rights are being exercised or they aren't - the existence of the permission is irrelevant.

And he'll have trouble getting a second permission from the EUTR section

MantisToboggan wrote: ↑

Sat Aug 01, 2020 7:01 pm

The Citizenship section have finally gotten wise to the Stamp4EUFam applications.

They're looking for evidence of the EU citizens exercise of rights now, because the EU Treaty rights permissions are declaratory only. Either treaty rights are being exercised or they aren't - the existence of the permission is irrelevant.

And he'll have trouble getting a second permission from the EUTR section

Eu citizens exercie of right now?????? (Please explain )

Existence of permission is invalid????
Any reference supporting your post ????

junaidfspl wrote: ↑

Fri Jul 31, 2020 8:25 pm

his stamp 4 EUFAM card got expired on 14th July 2020 which means that he needs to renew his immigration permission/Stamp 4 EUFAM card in order to be able to get the naturalisation certificate in the future. Currently, he is living together with an EEA national for the last 8 months. I would really appreciate if someone can please advise on any possibility for the extension of his immigration permission for another year or so in order to enable him to get the naturalisation certificate? Thank you

His stamp4 EUfam wasn't valid long before it expired if he was seperated and then divorced from his EU partner. Plus it sounds like the EU partner left Ireland long since anyway.
Sounds like he is currently without a residence permission, ie illegally in the State. He doesn't qualify for residency based on the new, (conveniently) EU partner.

So no, I'd say there is little hope of an extension and less hope of naturalisation.

If you have the decree of divorce than Form EU5 is your next step.

7.A.i.
Prior to initiation of the divorce, annulment or dissolution proceedings, the marriage or civil partnership lasted at least three years, including one year in the State, and the EU citizen was exercising their EU Treaty Rights in the State at the time that the decree of divorce, annulment or dissolution was made.


http://www.inis.gov.ie/en/INIS/Form%20E ... eaflet.pdf

One, its too late for that as it should have been done last year, and two, if they divorced in Lithuania it sounds like the EU citz was not exercising treaty rights at time of divorce.

griffith wrote: ↑

Sun Aug 02, 2020 11:52 am

MantisToboggan wrote: ↑

Sat Aug 01, 2020 7:01 pm

The Citizenship section have finally gotten wise to the Stamp4EUFam applications.

They're looking for evidence of the EU citizens exercise of rights now, because the EU Treaty rights permissions are declaratory only. Either treaty rights are being exercised or they aren't - the existence of the permission is irrelevant.

And he'll have trouble getting a second permission from the EUTR section

Eu citizens exercie of right now?????? (Please explain )

Existence of permission is invalid????
Any reference supporting your post ????

Your permission is derived from the rights your EU spouse or family member has. If the EU citizen is not working in Ireland you no longer have a derivative right to reside.

griffith wrote: ↑

Wed Aug 05, 2020 11:01 am

If you have the decree of divorce than Form EU5 is your next step.

7.A.i.
Prior to initiation of the divorce, annulment or dissolution proceedings, the marriage or civil partnership lasted at least three years, including one year in the State, and the EU citizen was exercising their EU Treaty Rights in the State at the time that the decree of divorce, annulment or dissolution was made.


http://www.inis.gov.ie/en/INIS/Form%20E ... eaflet.pdf

Yes you are right in suggesting this once the divorce is completed but the problem is that the divorce proceedings are still underway in Lithuania and are delayed now due to Covid. There is no timescale available for the divorce. I am not sure what coiuld be done in the mean time. Both the EEA national and the non-EEA national are still residents or Ireland

Granista wrote: ↑

Wed Aug 05, 2020 11:06 am

One, its too late for that as it should have been done last year, and two, if they divorced in Lithuania it sounds like the EU citz was not exercising treaty rights at time of divorce.

The divorce is still in process in Lithuania for the last one year and has been further delayed due to Covid. Both the EEA national and the non-EEA national are residing in Ireland