EU5. Retention of Rights. Cut off point for application?

[iamanalien]

Hello All,

Applicant has spent a considerable amount of time in the state.
After marriage to an EU Citizen , a five years Stamp4 EUFam was issued.
Another EU1 application was submitted after the expiration of the Stamp4EUFam.
Unfortunately the EU1 was refused.
An EU4 application to review was then submitted.
The temp stamp4 EUFAm, received when the EU4 application was acknowledged, has expired (due to backlog,) and applicant was then issued with a temp Stamp4 for 4 months.
The EU citizen now plans to leave the State.

Is it possible, at this point in time, during a review, for the applicant to apply for the EU5 Retention of Rights based on the Departure from the State of the EU citizen. Does the applicant need to be in possession of a 5 year stamp or will a temporary stamp (in this case 4 months) suffice.

[J_Karim]

Just out of curiosity did you already apply for citizenship?
Giving you a fact that after successful of 5 years residency a person should apply for eu3 ,now few people apply for eu1 again but thats not the procedure but if the relationship is not concrete a person should seeks for retention first, if its granted then the applicant become individual in the state with a self right.
Now how long the person was married or have living together proof that need to be submitted to prove the length the person with eu citizen, if its makes sense.
example married eu citizen you got temp stamp 4 then after 6 month you got 5 years residency.
now if you successfully passed the time frame then apply for permanent residency eu3 if not go for self written
i know good solicitor for self right.
hope it helps

[iamanalien]

No, but I'm about to...

[J_Karim]

well are you going to apply by justice letter or by passport endorsement
its give you a quick date in residency calculator

[iamanalien]

I will check some time tonight....

[one2three]

can i ask why did you not apply for EU3 ? if you and your spouse have been living here then you should have applied for EU 3 not EU1.

[iamanalien]

I applied but was refused since she was not economically active for a long period of time.

[iamanalien]

I entered the dates from my passport and it says that i have 5 years....so its all good....

[one2three]

I entered the dates from my passport and it says that i have 5 years....so its all good....

INIS would still ask you for 5 years proofs of your wife's exercising EU treaty rights.

[iamanalien]

okay....I also just noticed that I have a gap in my stamps in the year preceding my application. This was due to waiting for ministers letter. I was in the country all the time and made sure that filed my papers with INIS on time.
Would this be a problem?

[J_Karim]

just apply if you are elligible citizenship dont ask always about ur spouse its a requirement but only do on some extent may not be ur case
jk

[broli]

I will check some time tonight....

Greetings Imanalien

Was your EU3 Application well prepared ?

For how long did you wife work ?

During the period she didn't work what di you tell them (residendence with suffiscient funds or student ?)

Did you guys claim social welfare ?

Did you provide proper evidence to support the application ?

You can PM if you like because i am similar situation and i think a proper application should work fine

@J_Karim what economically active ? does it include studying ?

Thanks

[J_Karim]

what economically active ? does it include studying ?

its like anything as long as eu citizen living with proof in this country
say study living with sufficient fund working or even on social etc
j_k

[iamanalien]

just apply if you are elligible citizenship dont ask always about ur spouse its a requirement but only do on some extent may not be ur case
jk

Please check your PM...