EU Treaty Rights / U.K. spouse application

ms1993 wrote: ↑

Tue May 07, 2019 10:00 am

Hi everyone

I have posted the below into immigration board for families but I’m not sure if it’s the right place. Here’s a breakdown

I would really appreciate some advice from a senior member. After much nagging with the RoI about the withdrawal of the eu treaty rights, they’ve now come back and said they won’t withdraw because the minister wishes to propose a decision should He wish to return to Ireland in the future, to clarify if he previously held a residence right in the state and to clarify immigration history.

He entered Ireland with a British national via port and a year later submitted a treaty rights application as a permitted family member. It was rejected because they didn’t think he was a permitted family member.

On entrance to Ireland, he didn’t present himself to be registered as I understand should have happened but they were aware that he was in the country and didn’t issue any deportation. Also in the rejection letter it was stated that he didn’t have a right of permission to stay in the state and would be deported if he didn’t submit an appeal in time. He did submit in time. It’s been on review for a 1.5 year and no contact until now and that’s what we tried to withdraw

He is now in his homes country - voluntarily left and I’m concerned about the impact of this application on the spouse application under U.K. laws

I would really appreciate some advice from a senior member with any thoughts and implication, has anyone come across this before? What aren’t your thoughts on their rationale to not withdraw?