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by Obie
Sat Jan 11, 2020 11:56 am
Forum: Ireland
Topic: EU Child and Divorced
Replies: 11
Views: 338
Ireland

Re: EU Child and Divorced

Your post makes no sense, we are divorced before after 3 years. Which is the correct position?

Is the child living with you or the EEA national?
by Obie
Fri Jan 10, 2020 8:35 pm
Forum: Ireland
Topic: Stages Of Retention
Replies: 79
Views: 3885
Ireland

Re: Stages Of Retention

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 ...
by Obie
Fri Jan 10, 2020 4:58 pm
Forum: Ireland
Topic: Stages Of Retention
Replies: 79
Views: 3885
Ireland

Re: Stages Of Retention

It may help if the EU citizen can come out and say, this is not correct, I was residing in the state.


In JR the court is simply asking itself if the minister acted reasonably in refusing as opposed to the merits of the case.
by Obie
Fri Jan 10, 2020 2:24 pm
Forum: EEA-route Applications
Topic: GOOD NEWS FOR PEOPLE IN NORTHERN IRELAND
Replies: 10
Views: 598
Ireland

GOOD NEWS FOR PEOPLE IN NORTHERN IRELAND

The UK Government has explicitly acknowledged that it has been breaching the rights of Irish Nationals born in Northern Ireland who do not identify themselves as British Citizen. The Government has finally agreed to change family reunion for these categories of people. So it seems like good news for...
by Obie
Wed Jan 08, 2020 12:25 pm
Forum: EEA-route Applications
Topic: Dependency
Replies: 7
Views: 283
Ireland

Re: Dependency

You can qualify if you entered before your sponsor, provided your sponsor was an EU citizen before you arrived and was providing support to you prior to entry.
by Obie
Tue Jan 07, 2020 8:27 pm
Forum: Ireland
Topic: Immigration
Replies: 5
Views: 396
Ireland

Re: Immigration

Hi I’m a non eu leaving in northern Ireland under British spouse visa for nearly 5 years and I have a daughter born in Northern Ireland who hold British and Irish passport so my question through my daughter I’m i elegible for an Irish passport Thanks You could apply on the basis of your British spo...
by Obie
Tue Jan 07, 2020 12:55 pm
Forum: Ireland
Topic: Stamp 4 Revoked
Replies: 66
Views: 1825
Ireland

Re: Stamp 4 Revoked

The advise proceed on the premise that your right to enter the state depends on the Residence card, and that is clearly wrong. At any point you enter the state, Regulation 4 is engaged and the Immigration officer is required to examine if your wife is in the state and whether you are joining or acco...
by Obie
Tue Jan 07, 2020 12:27 pm
Forum: Ireland
Topic: Stamp 4 Revoked
Replies: 66
Views: 1825
Ireland

Re: Stamp 4 Revoked

Where a Union citizen or a qualifying family member who is not a national of a Member State does not have a valid national identity card or passport or, where required, the necessary Irish visa, the immigration officer shall, before refusing permission to enter the State to that person, give him or...
by Obie
Tue Jan 07, 2020 11:48 am
Forum: Ireland
Topic: Stamp 4 Revoked
Replies: 66
Views: 1825
Ireland

Re: Stamp 4 Revoked

That is unlawful and your lawyer ought to have appreciated that. It is not a review matter, it is just plain unlawful.
by Obie
Tue Jan 07, 2020 11:39 am
Forum: Ireland
Topic: Stamp 4 Revoked
Replies: 66
Views: 1825
Ireland

Re: Stamp 4 Revoked

Did you return to Ireland in the company of your wife and children, or were they resident in Ireland at the time. If either of the 2 existed and the officer denied you entry, that is a gross infringement of community law and Judicial review must commence immediately to force the minister to return y...
by Obie
Mon Jan 06, 2020 5:09 pm
Forum: Ireland
Topic: Stages Of Retention
Replies: 79
Views: 3885
Ireland

Re: Stages Of Retention

Those are serious allegations, which if correct are very damaging. Although I must say, based on past experience, that this will not be the first time the minister would have made baseless allegation.
by Obie
Mon Jan 06, 2020 4:34 pm
Forum: Ireland
Topic: Stages Of Retention
Replies: 79
Views: 3885
Ireland

Re: Stages Of Retention

@Obie do you think thats the case/Issue?? If I assume if thats the case then do I fell in chencholliah case?? The difficulties is, if they conclude that it was a marriage of convenience, which worries me more than them saying she left the state, then Chenchooliah is not engaged. I am of the view th...
by Obie
Mon Jan 06, 2020 4:01 pm
Forum: Ireland
Topic: Stages Of Retention
Replies: 79
Views: 3885
Ireland

Re: Suggestion for Baltic Divorce

Hi, I was married to EU citizen for 4Years & 3months. from last couple of months our relationship was almost finish and we decide to apply for divorce. so we applied for divorce in Baltic state. On first hearing as we husband & wife both were agree court give the divorce decision. Problem: when I s...
by Obie
Mon Jan 06, 2020 3:55 pm
Forum: Ireland
Topic: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.
Replies: 176
Views: 10795
Ireland

Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Sorry Char I was unaware.

Not sure why people don't like sticking to their topic.
by Obie
Mon Jan 06, 2020 3:35 pm
Forum: Ireland
Topic: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.
Replies: 176
Views: 10795
Ireland

Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Was she in employment. It is unclear what the Polish embassy based their reply on. Was she in full time employment there, was she receiving benefits there, registered as residence for tax purposes there? Can she provide an affidavit or statement to counteract that. It is hard to express a view witho...
by Obie
Mon Jan 06, 2020 2:48 pm
Forum: Ireland
Topic: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.
Replies: 176
Views: 10795
Ireland

Re: chenchooliah V Minister For Justice - Important Judgement On Rights Of EU Citizen Spouses.

Because a person resides in one country does not mean they cannot reside in another.

The question is whether she was residing in Ireland at all.
by Obie
Sun Jan 05, 2020 8:00 pm
Forum: EEA-route Applications
Topic: Length of stay I'm allowed outside UK to get settled status
Replies: 11
Views: 384
Ireland

Re: Length of stay I'm allowed outside UK to get settled status

You will then have to apply for further pre settled status until you are able to get 5 years continuous residence.
by Obie
Sun Jan 05, 2020 6:43 pm
Forum: EEA-route Applications
Topic: Length of stay I'm allowed outside UK to get settled status
Replies: 11
Views: 384
Ireland

Re: Length of stay I'm allowed outside UK to get settled status

1) What does this 'six months in any 12-month period' mean? If I stay outside UK, come back every six months, stay for a week, and leave again, will I be denied a settled status after 5 years? "Six months in *any* 12 months period" means exactly what it says. At *any* point during your pre-settled ...
by Obie
Sun Jan 05, 2020 6:19 pm
Forum: EEA-route Applications
Topic: Surinder Singh or Visitor Visa?
Replies: 11
Views: 241
Ireland

Re: Surinder Singh or Visitor Visa?

Mccarthy needs to be clarified. Mrs Mccarthy failed because she had never lived in Ireland or any other EU state, other than the UK were she was born. In was her abusive and cynical conduct in only claiming Irish citizenship later in her life for the sole purpose of supporting Mr Mccarthy's applicat...
by Obie
Sun Jan 05, 2020 2:10 pm
Forum: EEA-route Applications
Topic: Surinder Singh or Visitor Visa?
Replies: 11
Views: 241
Ireland

Re: Surinder Singh or Visitor Visa?

I'm not sure that the Surinder Singh route is engaged in your case. The Surinder Singh route requires that an EEA citizen live with their non-EEA family member while they (the EEA citizen) are exercising EU treaty rights, before returning to their country of citizenship. EU Treaty rights can only b...
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