stamp 4eufam retention refusal

[Liam086]

Hello Everyone,

I got Married March 2011 , and got 5 years stamp in my passport in October 2011 . Last year December we got some problem which was too much , in February 2016 i apply for Retention with Separation Agreement as My Solicitor Said . After 10 Month 2nd week of December i got a letter says Minister is Intend to Refuse My Application & wanted Farther Submission within 15 days .

My wife & me was together 4 years except she was 2 month Treatment in her country ( October 2015 & November 2015) , She work . i submitted all papers . We don't have any baby .

The letter said , Regulation 10 (2) i didn't Submit the Divorce Regulation 9 ( 3) I don't have any Baby & Regulation 6 ( 3) Both Eu & Non Eu Nationals to reside in this state for a Period of grater then 3 month , They are saying, As your Eu Spouse no longer Appears in this state that's why my Right of Residence ceased .
But , After Separation Agreement my Wife was working and living in Ireland even She was working in same place until November 2nd week After that she leave the Job Now Where she is i don't know.

My Solicitor , Submit a Explanation with that, But i am Now Really Worry with my Retention. Could any body can give me any idea what can happen Now?

[Obie]

The solicitor advised you wrongly. In light of the case of Singh, it will be hard to secure retention without a divorce.

See Kudip Singh.

[Liam086]

Thank you Obie , I also think Solicitor Give me wrong information , My wife is in this state more then 5 years , Solicitor Said me he is going throw her 5 years residency. what you think is there any way ?

2nd i am in this state more then 10 years will that help ?

i came in 2006 as a Student and was student until 2011 Then Stamp 4 Euafm until October 2016.

[Obie]

Thank you Obie , I also think Solicitor Give me wrong information , My wife is in this state more then 5 years , Solicitor Said me he is going throw her 5 years residency. what you think is there any way ?

2nd i am in this state more then 10 years will that help ?

i came in 2006 as a Student and was student until 2011 Then Stamp 4 Euafm until October 2016.

They have created a significant mess, by notifying the department that she has left the state, and this makes it very tough from your point of view. They are clearly not updating themselves on the law, as this changes in law came into effect in April this year and I notified the forum of it.

[Liam086]

Dear Obie, Is there any other way if they finally Refuse me , Or I have to leave this State ?

As i came as student , i saw a new rules come for student that who come before 2011 they can apply for Permanent Residency , Something like this ... Can i even apply for this if DOJ Refuse .

Or Do you Have any Suggestion for me ? Thank you .

[Obie]

Perhaps stamp 5 may succeed.But student period will not be counted towards it.

Submission's will need to be made to the department.

But it is difficult to help without knowing what your lawyer has told the department.

They just opened a can of worm, giving you problems, which could have been avoided, as your wife has been in the state for longer than 5 years already.