Retention of Residence card EU5 refused and review enquiry

Ellenita · Post by **Ellenita** » Thu Aug 05, 2021 11:17 am

Hi,
I hope you are all well.
If someone here can help me/advice me with my current case, I greatly appreciate.

I am a non-Eu citizen who married a EU citizen in 2015. Received EUfam 4. Then on 2017 we physically separated but we haven't divorced yet. I informed immigration about the separation in 2017 but I did not apply for retention of residence card until October 2020. Last week I received letter informing me of the refusal of application for retention of residence as I am still married so I don't meet the criteria. They gave me option to submit a review within 14 days.
I have been residing in Ireland for 7 years I also submitted application for permanent residency last January and citizenship in 2019 but I am very confused now of outcomes of these other applications.
In 2019 they asked me to submit evidence of our marriage and relationship and many documents which I did.

If someone could advice me on this matter I really will appreciate

Baba786 · Post by **Baba786** » Thu Aug 05, 2021 11:25 am

Hi,
I can just suggest you that you are in long journey que. you must good solicitor and proceed your case.
I am not gona let you down but you are in critical position.
If your wife is still in contact. Then call her and apply for divorce and follow the instructions as per your solicitor

Redstar33 · Post by **Redstar33** » Thu Aug 05, 2021 11:42 am

I am in a similiar position except for my spouse is Irish and I just applied for a renewal on INIS.

Did you try to renew your permission and got rejected? I'm so worried they will reject me this time.

Ellenita · Post by **Ellenita** » Thu Aug 05, 2021 12:22 pm

Thank you very much for the replies. I contacted my "husband" to let him know I'm starting divorce proceedings but he is not replying. He is not talking to me since we separated.
The divorce takes some time and I only have 1 week left to request a review in form eu4 of my retention of residence card been refused.

I contacted a solicitor who asked me to get some information from my husband but he is not talking to me at all. I don't know what else to do.

Post by **Obie** » Sun Aug 08, 2021 8:22 am

Is your husband still in the state and working.

If he is, then you have no need to worry.

The refusal is correct, only spouses who are now divorce qualifies for retention.

griffith · Post by **griffith** » Sun Aug 08, 2021 2:32 pm

Obie wrote: ↑
Sun Aug 08, 2021 8:22 am
Is your husband still in the state and working.

If he is, then you have no need to worry.

The refusal is correct, only spouses who are now divorce qualifies for retention.

How do they renew the permission then?

EU5 is for those who are divorced.

EU3 is for someone who is still married and it does require the EU citizen to sign the application form and provide last 5 years documentation .
Since they are separated they can't apply for an EU5 nor EU3 as the spouse wont help to get the permission renewed???

Post by **Obie** » Sun Aug 08, 2021 6:54 pm

That is correct. EU3 is for people still married, even if separated.
If due to separation the form cannot be filled, this can be explained in a cover letter to the minister.

griffith · Post by **griffith** » Sun Aug 08, 2021 7:48 pm

Obie wrote: ↑
Sun Aug 08, 2021 6:54 pm
That is correct. EU3 is for people still married, even if separated.
If due to separation the form cannot be filled, this can be explained in a cover letter to the minister.

I applied for an EU3 as a separated spouse.
My wife signed the EU3 and also provided last 5 years documentation as this was the requirement of the application form (even though a couple is separated they still need to provide papers from last 5 yrs and in most cases these apply to the EU citizen as they dont really request that many papers in respect to the non eu)
I also included a supporting letter with the application that we are now separated and moving forward for a divorce but the minister included my wife in the application anyway.
I got a temporary permission which states that myself and the EU citizen must present themselves in the immigration office unless an IRP can be applied online.
Why would they include my wife in the application when i informed that we are no longer together.
Would this not be the case where the minister acknowledges that two of us are saperated and we can go ahead for divorce if we cant reconcile? I know i am not looking for a permission from the minister for a divorce but they could atleast understand the circumstances which clearly they didn't.

A solicitor advised that since you are not divorced the minister still has to classify you as a family member of an EU citizen as this is the law.

But the question still remains , how can a separated spouse renew their permission without any help from the Eu citizen?
Please note both of us are resident in the state and the EU citizen is exercising their treaty rights.

Post by **Obie** » Sun Aug 08, 2021 7:53 pm

It can be done and i know of it in many cases, once the minister is made aware of the law, you will be permitted to go to the immigration office alone.

Ellenita · Post by **Ellenita** » Sun Aug 08, 2021 8:03 pm

If the retention of residence card has been refused, Can they still approve permanent residency?.
Yes, spouse is still living in the state but I don't know if he is working. He only sent address for divorce purposes and he won't help me with any document.

I will be sending the review eu4 tomorrow with supporting document from solicitor who will initiate divorce proceedings to see if they accept this.

All your replies has been very supportive, I do appreciate it.

griffith · Post by **griffith** » Sun Aug 08, 2021 8:17 pm

My advice is to first get divorced and then apply a fresh EU5 application.
If you apply for a permanent card as a spouse on an EU than your case is very similar to mine but eventually you will be give an eufam which doesn't really make sense for a separated spouse. Since you are separated you can still apply for an EU3 and you will be given a temporary permission for 9 months during which you will have time to divorce.

A decree of divorce is required to apply for an EU5 also the the EU citizen must be resident in state at the time divorce. I would say look for a foreign divorce as this may be quicker than here.

I am doing the exact same thing now.

Ellenita · Post by **Ellenita** » Mon Aug 09, 2021 9:55 pm

Once again your comments/information are such a great help. Thank you.
I will post when I have an update as all the info could be useful for someone with similar case in the future.

sparrow892 · Post by **sparrow892** » Fri Oct 29, 2021 11:37 pm

griffith wrote: ↑
Sun Aug 08, 2021 7:48 pm

Obie wrote: ↑
Sun Aug 08, 2021 6:54 pm
That is correct. EU3 is for people still married, even if separated.
If due to separation the form cannot be filled, this can be explained in a cover letter to the minister.
I applied for an EU3 as a separated spouse.
My wife signed the EU3 and also provided last 5 years documentation as this was the requirement of the application form (even though a couple is separated they still need to provide papers from last 5 yrs and in most cases these apply to the EU citizen as they dont really request that many papers in respect to the non eu)
I also included a supporting letter with the application that we are now separated and moving forward for a divorce but the minister included my wife in the application anyway.
I got a temporary permission which states that myself and the EU citizen must present themselves in the immigration office unless an IRP can be applied online.
Why would they include my wife in the application when i informed that we are no longer together.
Would this not be the case where the minister acknowledges that two of us are saperated and we can go ahead for divorce if we cant reconcile? I know i am not looking for a permission from the minister for a divorce but they could atleast understand the circumstances which clearly they didn't.

A solicitor advised that since you are not divorced the minister still has to classify you as a family member of an EU citizen as this is the law.

But the question still remains , how can a separated spouse renew their permission without any help from the Eu citizen?
Please note both of us are resident in the state and the EU citizen is exercising their treaty rights.

I am separated and i have informed EU treaty rights and still got my permission renewed with no hassle. The lady at the immigration counter refused in starting but i showed them letter and email from EU treaty rights and than she went to office for confirmation and than renewed my stamp.

Ellenita · Post by **Ellenita** » Fri Jan 07, 2022 8:18 pm

I have an update over my initial enquiry :
3 months ago, I received permanent residency then I submitted this letter to Citizenship and shortly after I received Citizenship approval.

AAP1977 · Post by **AAP1977** » Fri Jan 07, 2022 10:32 pm

Congratulations

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Retention of Residence card EU5 refused and review enquiry

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Re: Retention of Residence card EU5 refused and review enquiry

Re: Retention of Residence card EU5 refused and review enquiry

Re: Retention of Residence card EU5 refused and review enquiry

Re: Retention of Residence card EU5 refused and review enquiry

Re: Retention of Residence card EU5 refused and review enquiry

Re: Retention of Residence card EU5 refused and review enquiry

Re: Retention of Residence card EU5 refused and review enquiry

Re: Retention of Residence card EU5 refused and review enquiry

Re: Retention of Residence card EU5 refused and review enquiry

Re: Retention of Residence card EU5 refused and review enquiry

Re: Retention of Residence card EU5 refused and review enquiry