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Retention of rights questions.

Forum to discuss all things Blarney | Ireland immigration

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Tersia2010
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Joined: Wed Mar 23, 2016 3:29 pm

Retention of rights questions.

Post by Tersia2010 » Thu Sep 17, 2020 2:28 pm

I came to Ireland in 2010, with my British husband
in Jan 2013 my mother joined us and receive her stamp4 eufam.
We had a son in Jan 2015, whom is on Irish passport.
i received my citizenship in April 2016, a few months after that, my husband decided to abandon us and i was stupid enough to think that he only needed a break and that he would return back to us, but alas he left the state. I take full responsibility, i did not inform inis about him leaving as i was still hoping to reconcile.

I gave up on our relationship after finding out that has a new girlfriend...... We are still married.

Jan 2018 i applied for my mom to retain her rights, as well as permanent residence and citizenship.

About a month ago we received a letter from citizenship requesting more documentation and nothing after that....

Today we received a letter from them today to inform us that her application to retain eu rights have been refused, they acknowledge her application for permanent residence and said they would be in touch regarding that application...


What can we do now? other than appeal the retain of rights decision, do we have any other options.

In 2015 my mom had a stroke, she needs full time care, which i am providing. i receive one parent family and half rate carers allowance for her. I am so unsure what to do

thank you kindly

Finepaddy
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Joined: Tue Feb 19, 2019 4:46 pm
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Norway

Re: Retention of rights questions.

Post by Finepaddy » Fri Sep 18, 2020 9:13 am

May be I m wrong but u can find on Google about irish association if that help in your case but I m not sure.
or go to appeal in end she will get some kind of status on her medical grounds. I have seen this before.
as your husband part it wont effect you as u have irish kid.
Finepaddy becomes badpaddy :mrgreen:

Granista
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American Samoa

Re: Retention of rights questions.

Post by Granista » Fri Sep 18, 2020 11:47 am

She can't retain EU rights. The only way would have been to retain them through you, but you are now Irish, so no EU Treaty Rights.
She's now the dependent mother of an Irish citizen, and you can apply for that status, but you need to be earning 60k a year to qualify for that.

Granista
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American Samoa

Re: Retention of rights questions.

Post by Granista » Sun Sep 20, 2020 10:37 am

I missed your point that you did not inform INIS when your spouse left the state...which means your mother was her using a permission that she wasn't entitled to for over a year and a half. That was not a good decision and will go against her getting a permission exemption.
She's already using public funds due to your carers allowance, and I'm guessing that she does not have private medical insurance as she is supposed to have, so you have a lot of things stacked up against you I'm afraid.

Tersia2010
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Posts: 29
Joined: Wed Mar 23, 2016 3:29 pm

Re: Retention of rights questions.

Post by Tersia2010 » Mon Sep 21, 2020 7:00 am

yes i know i messed up bad, i did not do so intentionally.

my question is what can i do now? what is my options?

Granista
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Re: Retention of rights questions.

Post by Granista » Mon Sep 21, 2020 9:36 am

You don't have many. You have no basis for an appeal on EU treaty rights, that would be a complete waste of time. You don't earn enough to sponsor a dependent parent, that would be an automatic refusal. Your only option is to apply for special permission outside the rules and hope for the best.

Tersia2010
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Posts: 29
Joined: Wed Mar 23, 2016 3:29 pm

Re: Retention of rights questions.

Post by Tersia2010 » Thu Sep 24, 2020 9:27 pm

Thank you...

My son was born in 2015, is he not classed as british/irish? as his father is british? and he is with me, enrolled in school here.

we came to Ireland in 2010, we were married in 2009 in UK, before moving to ireland. (i received citizenship in 2016)

considering that i have custody of our son and that i am the sole caregiver for my disabled mom, does that give a basis for appeal?

UK245
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Re: Retention of rights questions.

Post by UK245 » Fri Sep 25, 2020 9:27 am

Tersia2010 wrote:
Thu Sep 24, 2020 9:27 pm
Thank you...

My son was born in 2015, is he not classed as british/irish? as his father is british? and he is with me, enrolled in school here.

we came to Ireland in 2010, we were married in 2009 in UK, before moving to ireland. (i received citizenship in 2016)

considering that i have custody of our son and that i am the sole caregiver for my disabled mom, does that give a basis for appeal?
Your son is British/Irish, yes. But that has no impact, he has nothing to do with you applying for your mother as a dependent parent of you.
You can't appeal the EU Treaty Rights application, there is no eu treaty rights being exercised. You're Irish, you can't sponsor an EUTR application.

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