permanent residance and retention

[Mal111]

Do non eu citizen still need to apply for retention or inform INIS ? suppose they have their permanent residence EU3 was approved 2 years ago (based on spouse of EU citizen) and then their circumstances change 2 years after the permanent residence was granted such as divorce or departure of their EU citizen from state ?

Im asking for a friend who is not a member of this board.

thanks

[dupalsky]

Maybe you need to encourage that your friend to become a member to this forum too, for this is the purpose of this board.

The answer to your friends question is "Nop". Permanent residence status is based on ones merit......

Dupalsky

[usmanch313]

Once you granted perment Resident doesn't effect on your rights doesn't matter you separated or Divorce,

[usmanch313]

Someone with PR status does not need any sort of EU sponsor so existence of a spouse is then immaterial

[Mal111]

I need more opinions on that

[euspouse07]

yes, you do.if u read the letter again;You will find out

[Mal111]

what do u mean by tht euspouse07 ? can u please explain ur answer?

[euspouse07]

Although you are pemanent resident but your status is driven out from the Eu directive,basis is your relationship with EU citizen;hence you are required to notify relevant authorities

[broli]

Although you are pemanent resident but your status is driven out from the Eu directive,basis is your relationship with EU citizen;hence you are required to notify relevant authorities

Where do you take that from ? can you please the directive ?

Once Permanent resident i have not found any requirement that you should be following EU treaty rights for the rest of your life. (You have 5 years to demonstrate that)

Ireland is aligning with All other EU countries right now , you saw the new GNIB is now the same as in other EU country .

I found https://www.service-public.fr/particuli ... its/F22116 As per french official note EU permanent resident card means that you have access to country ressources (Residence jobs etc..) you will not have to prove anything (work financial ressources access to health care)
Translate from : Il peut vous permettre de faciliter vos démarches administratives puisque l'administration n'aura plus à vous demander de prouver que vous disposez d'un emploi, de ressources suffisantes ou d'une assurance maladie.


As per this Article https://www.service-public.fr/particuli ... its/F22117 It clearly states that EU Citizen Permanent, is the Same privilege for Familly member.



So permanent residency is actually permanent

[Mal111]

just went through the DIRECTIVE 2004/38/EC it says holder for permanent residence card are exempt from the conditions that are in chapter three of the directives I-e economic activity retention ETC.
this directive was then translated to regulation 2015 however this was not address so I think its unchanged.
also I notice on inis website that its specified that form eu5 (retention) are for eu1 holders.
on the EU3 approval letter it says about notifying INIS this circumstances change which may effect applicant residence right under the regulation 2015.

in fact any changes will not cause any effect on residence right of PR holders under regulation 2015 so I don't know why they put this on the letter.

The only way the right is effected is if the applicant leave state for 2 consecutive years.

I want to welcome the senior members to review this and comment cos I might be wrong.
thanks

[jul1]

altough im eu citizen, i actually applied for the permanent residency in Ireland, and was approved in 1 week, i applied on eu2 form. That actually helped me to make my wife`s procedure faster.

The only way to loose this status is to leave the country for more than 2 consecutive years.

In general they require u to inform INIS about your new circumstances, so they can decide if it effects u or not, so in theory u should inform them, but u wont loose ur status.

Unless u are from a country not permitting dual citizenship, and that is why u did not get the irish passport yet, i highly advise u to apply asap, u never know when u have to leave Ireland and for how long. In the UK there is some documented cases where the person was denied entry to uk after leaving it for more than 2 years with Indefinite leave to remain (ILR) stamp in her passport, the same can happen to you in a similar situation,

[Mal111]

the case is for a friend of mine and he did applied for irish citizenship 2 years ago and still waiting
I have also applied for citizenship 1 and half year ago and still waiting
there are many applicant here waiting for a long time.

[Mal111]

can any senior member comment on this?
what is the position of a non eu who have held eu1 residence card for 5 years and then a permanent residence that is issued almost 2 years ago and then the marriage breakdown in separation?

do they need to contact INIS ?
it says in the eu3 approval letter that advise this office if your circumstances change that effect your right of residence under the regulations???

i have done some search and read the directive and the statue of regulations 2015 nothing in there suggest that the non eu PR holder need to do anything about it.

when contacted well known dublin solicitors they are asking consultation ie 180 + vat to answer this question and bet money the answer would not come with 100% certainty

[jul1]

can any senior member comment on this?
what is the position of a non eu who have held eu1 residence card for 5 years and then a permanent residence that is issued almost 2 years ago and then the marriage breakdown in separation?

do they need to contact INIS ?
it says in the eu3 approval letter that advise this office if your circumstances change that effect your right of residence under the regulations???

i have done some search and read the directive and the statue of regulations 2015 nothing in there suggest that the non eu PR holder need to do anything about it.

when contacted well known dublin solicitors they are asking consultation ie 180 + vat to answer this question and bet money the answer would not come with 100% certainty

As i mentioned earlier, INIS expects u to inform them every little thing about ur circumstances, and then they can decide if this effects ur status or not.

So u should inform INIS, but based on the rules u will NOT loose the status of the permanent residency. U can only loose that if u leave the county for more than 2 consecutive years.

So u are in a situation were u can kinda afford not to inform INIS about your marriage, because even id u did nothing would change.
But if u like to sleep better at nights, than its better to inform them, especially given that u have an ongoing citizenship application, where there is a rule that u have to be a good character to be accepted as an irish.

[broli]

Sounds like the right thing i wish we had a clearer info on EU3 Cards.

From what i saw in they are target some nationalities on citizenship applications process and also EU4FAM (when they married to certain nationalities or if the have a heavy immigration history )
That probably causing delays as well for legit application.


Like you said i read it many times the direct doesnt show that you could lose EU3. unlike EU4 and also there's no retention.

So i think informing them is important .

Bottom line informing them could be a problem and not informing them could still cause some trouble (the main trouble i see is an potential impact on citizenship if they have doubts)


@mal111 try to hit moderateur OBIE on this one

[Mal111]

thanks broil, jul1
would be great to also hear from someone with first hand experience.