Refused EU5 Application

Hi there,

I'm wondering if anyone can offer advice. I have been refused an EU5 application under certain criteria, and have been given the option of a Request for Review that must be made within 15 working days (less now). I do not meet the requirements of the EU5 but in all honesty it is not a possibility in all circumstances they have listed.

It says I can only make a review if the deciding officer has erred in fact or law, I am wondering if it is best to approach a solicitor to make this review, or if this is a step I should take on later if the review is refused?

Thanks for any advice!!

First of all you need to tell the reason of your refusal ?

How long were you married for ?

Are you legally divorced or separated ?

Were ur EU Spouse exercising EU treaty rights in the state...

That kind of details you have to provide and based on ur answers i can advise.

CalvinKlien wrote:First of all you need to tell the reason of your refusal ?

How long were you married for ?

Are you legally divorced or separated ?

Were ur EU Spouse exercising EU treaty rights in the state...

That kind of details you have to provide and based on ur answers i can advise.

I was refused based on the fact that my spouse has left Ireland, and I am not yet divorced (as this is a requirement of EU5 that they be exercising their EU rights when divorce is initiated).

We're not legally divorced or separated as he left the country and we have no contact. He was exercising treaty rights until he left the state a year ago. We were married in late 2010 and are not yet divorced so have been married for 3 1/2 years. We lived here in Ireland married for two and a half years...

Of course because of this I neither qualify for divorce in Ireland or in the EU member's state b/c we have only been separated for a year, and we are not on mutual terms for divorce.

I hope this helps

Review is not going to help, because you are not divorced. if you are not divorced, you are not entitled to retention EU5.
As your spouse is no longer residing and exercising his EUTR in Ireland, you have no right to reside here either...

Hi,
I think you should allow a lawyer to help you with your review dont try to do it yourself

hope you are working and you have never claim benefit,
this may go a long way to help your case.

hope this help.
Good luck

I know someone that was in a similar situation like u and DOJ never helped him. This is the third year he is fighting for his case.

If you want to sort this issue, you need to get divorced no matter how and where u do it...You need to think very seriously now. Without divorce you will not get visa. YOu better to start the divorce proceedings in another EU country (Your EU spouse country).

Good Luck

Just get your spouse to start the divorce process in her home country if its within the EU, it may cost you money but you will get it faster. Then you can talk about EU5. The review may not help because the process is very long but you may be very lucky to get an extension of your GNIB Card for another 9months pending the review.