Self Right Retention

[J_Karim]

One of my friend is about to apply for Self Right Retention and he is married to E.U citizen.
They are married almost 3 years and stamp duration is nearly 3 years.
Does any have the same experience about same issue please do share..
From my best knowledge if the couple are together 3 years in the state then the non EEA person should be eligible for Self Right Retention..

Any advice will be much appreciated..
My friend in need for some suggestions from you guys...

[zahmed05]

He can only apply for retain right if the couple gets divorced or EU citizen gets deceased.

[Obie]

He can only apply for retain right if the couple gets divorced or EU citizen gets deceased.

Precisely, or they have a child who is in education , and the parent caring for that child decide to stay in the state with the child.

[J_Karim]

Thanks to Obie" for ur thoughts in that..
they dont have any kid..
they just want to go part a ways..
but non EEA citizen is concern about his status..

NB: They are married over 3 years by Irish law and the age of stamp is 3 years too..
can he find self right in this state..
They are not divorce nor separated yet..thinking to go for separation first and keep the status alive..
if you know the mean..
any idea or advice Obie will be much appreciated

[Obie]

You already being told that there is no retention unless the EU national dies or there is divorce.

[J_Karim]

To Obie
Thank you..

[one2three]

To Obie
Thank you..

I have seen people applying for retention on bases of separation only, and just after initiation of divorce process.

i am not 100% sure of the outcome but apparently immigration started accepting applications for retention if both parties get a confirmation from a solicitor or court that couple has applied for separation or divorce.

I personally know 2 people who have applied recently and immigration has accepted the application and issued letters stating that the case would be decided in 9 months.

But, again its not very straight forward.

[noajthan]

I have seen people applying for retention on bases of separation only, and just after initiation of divorce process.

i am not 100% sure of the outcome but apparently immigration started accepting applications for retention if both parties get a confirmation from a solicitor or court that couple has applied for separation or divorce.

I personally know 2 people who have applied recently and immigration has accepted the application and issued letters stating that the case would be decided in 9 months.

But, again its not very straight forward.

This approach would not be in line with EU law and the Directive.

[jul1]

they can keep all the bills and addresses the same, so legally they are still living together, after 5 years apply for the permanent RC then citizenship,
Until according to the proof of addresses they provide they live together there wont be any questions,that is the easiest way if the eu spouse still cares about the non-eu spouse on some level. If they want to separate to different addresses where their name will appear on those bills immigration may will find this out earlier than you think and they will invite you for an interview to clear the situation, but likely the RC will be canceled.

In case the eu spouse wants lo leave Ireland they have to initiate the divorce here before!!! he/she moves (assuming 3 years relationship here), that is cleared by ECJ. Some people were deported already cause they initiated the divorce after! the spouse left Ireland.

[jul1]

To Obie
Thank you..

I personally know 2 people who have applied recently and immigration has accepted the application and issued letters stating that the case would be decided in 9 months.

But, again its not very straight forward.

Accepting the application and the positive outcome of the application are two different things.

[one2three]

To Obie
Thank you..

I personally know 2 people who have applied recently and immigration has accepted the application and issued letters stating that the case would be decided in 9 months.

But, again its not very straight forward.

Accepting the application and the positive outcome of the application are two different things.

Thanks for clarifying that

[J_Karim]

My understanding was if couple decide to be part a ways after their 3 year of marriage.. Non EEA person can seek self right on his own ..

[broli]

Hi Karim,

It's clear that he can . the EU treaty right just do not provide a clear guidance on that which is tricky mostly when 2nd spouse leaves the state (they will claim you lose the right when Eu citizen leaves the states).

9. (1) (a) Subject to subparagraph (b), a family member of a Union citizen who is a national of a
Member State may retain a right of residence in the State on an individual and personal
basis in the event of the death or departure from the State of the Union citizen.

Even great law firm i read their articles have struggled assisting people with that simple separation .

- Divorce is the easiest route
- Domestic violence is now a credible route but not easy men for some reason.

Please let us know on his attempt it will be a great news for us when he succeeds.

The comprehensive Eu treaty doc from inis i found :

http://www.inis.gov.ie/en/INIS/SI656of2 ... of2006.pdf

[noajthan]

My understanding was if couple decide to be part a ways after their 3 year of marriage.. Non EEA person can seek self right on
his own ..

ROR may kick in on death, departure or divorce (absolute) from sponsor. Depends on timing too.

Mere 'parting of ways' is not enough.

[Obie]

The policy Karim espoused was in place prior to the case of Singh. Since Singh that policy is no longer in existence.

It existed due to the difficulties in getting a divorce in Ireland.