Got Retention on 4EUFam

[zafarzafar80]

Hi All,
I am a holder of stamp 4EUFam which is due to expite on 22/06/2012.

I applied for the retention of my residence card 6 months ago as we got divorced. I got a letter 2 weeks ago that my residence card is retained, which i am very happy about.

The letter i got from EU treaty rights section is bit confusing if any of you could comment on it please.

Here is the wording i have copied from the letter :

I wish to inform you that your application has been approved as you fulfil the relevant conditions set out in the Regulations.

Your current permission is due to expire on 22/06/2012.

If your current passport expires during this period, your passport will be stamped until the date of its expiry. When you are issued with a new / renewed passport, you should return to your local immigration office to have the remainder of the five year period endorsed in your Passport.

As your current permission is due to expire in 6 months you should now apply for permission after this expiry. As you have been granted retention it is open to you to apply for a Permanent Residence Card in a personal capacity. This should be submitted on form EU3.

Now my question to you is if i don't apply on form EU3 would i be able to renew my residence card for 5 years or should i have to apply on form EU3 again to renew my residence card ? The two paragraphs are very confusing to me.

Your advise would be graetly appreciated.

Thanks

[Ben]

That letter states that your current Residence Card remains valid as your right for retention of same has been acknowledged by the DoJ.

It expires on 22/06/2012 and there seems to be an insinuation that this is also the date when you shall acquire the right of permanent residence. Hence you need to apply for a Permanent Residence Card using form EU3. You can do this right away.

[zafarzafar80]

Thanks Ben for the reply.

Just for argument sake if i don't apply on form EU3 and i go to GNIB on 22/06/2012 for extension what would happen ? Would they extend my visa or not ?

Thanks

[Ben]

No because, assuming that is the relevant date, then on 22/06/2012 your right of residence is replaced by the right of permanent residence. Confirmation of this comes in the form of a letter from the DoJ following your EU3 application. Only with this letter is the GNIB permitted to issue a Permanent Residence Card to you.

You should submit your EU3 application right away.

[ali_ireland]

hi zafar
i hav a same case like u my visa expire on 3-05-2012 and i was married 16 09-2005 n got divorce too in nov 2009. i applied my eu3 card 2 month ago via solicitor but i didnt got any thing frm dept yet not even acknowledgement letter.

would u tell me after u applied ur eu1 card how long after u got response frm dept?

one more question did u applied ur retention card via solictor or applied urself?
many thanks

[zafarzafar80]

Hi Ali,

I applied through my solicitor in July 2011. I got acknowledgement letter from EU treaty rights after 3 weeks confirming they have received my retention request and decision would be made on due course.

In October 2011 EU Treaty rights asked me to send the proof of residence that we lived together as a couple and proof of exercising treaty rights. I sent all the multiple proofs. and my current job letter etc etc

I got the decision in dec 2011 that i can retain my residence card.

Hope that answered your question.

[ali_ireland]

hi zafar
again Ali would you tell me which solicitor u applied
and im confused why u applied eu1 form for retention ?
i applied eu3 form for retention not eu1

[zafarzafar80]

Ali i didn't used any kind of form neither EU1 nor EU3. My solicitor sent a simple letter to EU treaty rights requesting the retention of my residence card.

Now my retention is approved by the DOJ and they asked me to apply through EU3 as i am been granted retention it is open to me to apply for a Permanent Residence Card on my personal capacity. My Ex wife have nothing to do with me now.

During the meeting with my solicitor yesterday, she said personal capacity means if i have full time job. i am not claiming social welfare and i am having a good character (No criminal record), which i hold all of them.

I applied through Brophy Solicitors (Karen).

Best of luck

[ali_ireland]

hi zafar
one of my friend applied same like u with mary tyer solicitor last may11 after 8 month dept respond him to fill EU forum and again return to them now he is still waiting .i also applied with same solicitor but there is no ans frm dept i applied 2 month ago i not got any acknowledgement either.when ever i asked my solicitor dy said to me we sending the reminder to dept .i really dnt knw if dy sending reminder y dept nt response any thing?

[IQU]

ali zarfar,when did you applied for retention in your own right ? are you legally divorce? do you have proof of last 3 years living together,you have her payslips and p 60? you have full time job?did you ever commit any crime ?,did you ever take socail welfare etc etc.please update this we will try to give you the best direction?sorry one more thing brophy solictors and darek stewart solictors are best for eu treaty right cases ?

[ali_ireland]

hi iqu
yes im legally devorced when i was married in sep 05 i got stamp4 frm the local garda station and then 2nd time extention also frm local garda when i was 2nd time officer told me i should apply eu1 fourm on dat time its very new rule even immigration dnt knw abt tis but in a mean while i applyed eu1 and i got 5 years eufam4 i got 3rd extension. when i was applied eu3 fourm 2months ago i giv already proves my tenet agreement our both inc polices doc as im running my own business last 7 years so i gave my all notice of assments tis is all my cse but im still wait form dept for any reply.
would u tell me pls be a business for last 7 years in ireland n pay proper tax its a plus point in my case?
thx

[IQU]

i think once your provide the state some kind of bussiness it is very good point. because minister will be launching this year investment and employment visa.so you have good case.when did you actually got the divorce.how many years are you living together with your ex wife? i think so you was grant residence card before metlock case .so your fine .if you read the letter carefully which was issued to you in year 2007 .its clearly say you meet all the term and condition.so minister is granting you residence card.so i think you dont have to proof again how many years living together and her payslips ,p60.i think you should contact brophy solictors or stewart solicitors .they both are in parliament street in dublin 2.also if any delays make sure contact solvit

[ali_ireland]

hi again
i was married in sep 05 but got eufam 4 in may 07 before 2 stamps frm local garda my first stamp was 19 sep 05.im doing business since 06 before i was in full time employment in dell.so nevr claim any benefits frm state.i also applied for citizenship case in jan 11 n still waiting for ans.i divorced in 11 nov 09 in Poland becoz in poland its just takes 3 month takes divorce if both parties r agreed n no kids.i never been in poland for divorce case my ex wife did all divorce arrangement's .i applied with mary tyers both case my citizenship n eufam4 for permanent residence.
one more thing i want to ask i heard if any one applied with mary tayers solictoer dept delays those cases its dat true?

[IQU]

you will be nice.you will get your citizenship within next few months.i am not sure about your solicitor.i think stewart solictors and brophy solictors in parliament street dublin 2 are very good.they will clearly show you the right directions

[ali_ireland]

hi iqu
wat abt u?ur in d same boat like us?

[IQU]

let see how the things go ?