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EU Retention Application Refused

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dublin03
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EU Retention Application Refused

Post by dublin03 » Sun Aug 05, 2018 12:58 am

Hi All,

Recently my EUFam retention application refused and review application refused too.

They did not revoke my last 5 year visa from the issue date, they just refused my retention application.

Will they consider my last 5 year residency valid ?

Bobby89
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Posts: 10
Joined: Sun Aug 05, 2018 3:20 pm
Ireland

Re: EU Retention Application Refused

Post by Bobby89 » Sun Aug 05, 2018 3:27 pm

What was the reason for refusal?

max307
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Posts: 511
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Re: EU Retention Application Refused

Post by max307 » Mon Aug 06, 2018 4:38 pm

dublin03 wrote:
Sun Aug 05, 2018 12:58 am
Hi All,

Recently my EUFam retention application refused and review application refused too.

They did not revoke my last 5 year visa from the issue date, they just refused my retention application.

Will they consider my last 5 year residency valid ?
It depends on the reason(s) of refusal. Can you please elaborate?
I am not a lawyer or immigration counselor, all views expressed are my own, my comments do not constitute legal advice.

dublin03
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Joined: Sun Aug 05, 2018 12:46 am
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Ireland

Re: EU Retention Application Refused

Post by dublin03 » Sat Dec 08, 2018 1:20 pm

max307 wrote:
Mon Aug 06, 2018 4:38 pm
dublin03 wrote:
Sun Aug 05, 2018 12:58 am
Hi All,

Recently my EUFam retention application refused and review application refused too.

They did not revoke my last 5 year visa from the issue date, they just refused my retention application.

Will they consider my last 5 year residency valid ?
It depends on the reason(s) of refusal. Can you please elaborate?
Marriage lasted more then three years in the state and EU citizen was working at the time of divorce.

But INIS says its marriage of convenience because there is not enough documentary evidence in file for durable relationship.

Facts was same as I applied EU1 in 2011 and that time they approved my application but under same facts they refused my retention application now.

max307
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Posts: 511
Joined: Thu Sep 22, 2016 8:58 am
Mood:
Ireland

Re: EU Retention Application Refused

Post by max307 » Sat Dec 08, 2018 6:42 pm

dublin03 wrote:
Sat Dec 08, 2018 1:20 pm
max307 wrote:
Mon Aug 06, 2018 4:38 pm
dublin03 wrote:
Sun Aug 05, 2018 12:58 am
Hi All,

Recently my EUFam retention application refused and review application refused too.

They did not revoke my last 5 year visa from the issue date, they just refused my retention application.

Will they consider my last 5 year residency valid ?
It depends on the reason(s) of refusal. Can you please elaborate?
Marriage lasted more then three years in the state and EU citizen was working at the time of divorce.

But INIS says its marriage of convenience because there is not enough documentary evidence in file for durable relationship.

Facts was same as I applied EU1 in 2011 and that time they approved my application but under same facts they refused my retention application now.
Did you provide enough documentation in your application for retention of rights to prove that you entered the marriage in good faith though?

Even if an application was approved with similar documentation in 2011 you can’t assume INIS will take that into consideration, you must submit as much documentation as possible every time a new application is lodged with them. INIS have the right to refuse an application on the basis of poor or insufficient documentation.

If able to do so get some legal help.
I am not a lawyer or immigration counselor, all views expressed are my own, my comments do not constitute legal advice.

dublin03
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Posts: 8
Joined: Sun Aug 05, 2018 12:46 am
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Ireland

Re: EU Retention Application Refused

Post by dublin03 » Sat Dec 08, 2018 8:00 pm

Thanks max307,

Yes i submitted all documents in review but they didn't even considered any of them. They sent copy paste answer in appeal refusal.

Solicitor suggested you should go for Judicial review after reviewing my case but it will take time.

Will they consider my last five years residency reckonable toward citizenship because my citizenship application is still pending and retention was refused in April this year.

max307
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Posts: 511
Joined: Thu Sep 22, 2016 8:58 am
Mood:
Ireland

Re: EU Retention Application Refused

Post by max307 » Sun Dec 09, 2018 2:16 am

dublin03 wrote:
Sat Dec 08, 2018 8:00 pm
Thanks max307,

Yes i submitted all documents in review but they didn't even considered any of them. They sent copy paste answer in appeal refusal.

Solicitor suggested you should go for Judicial review after reviewing my case but it will take time.

Will they consider my last five years residency reckonable toward citizenship because my citizenship application is still pending and retention was refused in April this year.
My guess is that they will put your citizenship application on hold until this issue is sorted. Others in the forum had similar situations and that's the way INIS dealt with their citizenship application.

What residence permission do you currently hold in Ireland and on what basis?
I am not a lawyer or immigration counselor, all views expressed are my own, my comments do not constitute legal advice.

dublin03
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Posts: 8
Joined: Sun Aug 05, 2018 12:46 am
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Re: EU Retention Application Refused

Post by dublin03 » Wed Dec 12, 2018 8:25 pm

max307 wrote:
Sun Dec 09, 2018 2:16 am
dublin03 wrote:
Sat Dec 08, 2018 8:00 pm
Thanks max307,

Yes i submitted all documents in review but they didn't even considered any of them. They sent copy paste answer in appeal refusal.

Solicitor suggested you should go for Judicial review after reviewing my case but it will take time.

Will they consider my last five years residency reckonable toward citizenship because my citizenship application is still pending and retention was refused in April this year.
My guess is that they will put your citizenship application on hold until this issue is sorted. Others in the forum had similar situations and that's the way INIS dealt with their citizenship application.

What residence permission do you currently hold in Ireland and on what basis?
I applied humanitarian leave to remain after my refusal. My baby was born two months ago. Can he eligible for Irish citizenship ?

Statusquo73
Junior Member
Posts: 97
Joined: Wed Aug 22, 2018 8:15 pm
Lebanon

Re: EU Retention Application Refused

Post by Statusquo73 » Wed Dec 12, 2018 9:18 pm

Man your case is very tricky, I would actually consult a solicitor if I was in you.
In my opinion your citizenship would be delayed very long because of this reason.
Anyway the answer for your newborn baby, yes he can considered as Irish. You need to proof that you are here legally 4 years with proof of documents.

Is your partner Irish? Or european?

Btw congrats for your baby, I wish you the best

max307
Senior Member
Posts: 511
Joined: Thu Sep 22, 2016 8:58 am
Mood:
Ireland

Re: EU Retention Application Refused

Post by max307 » Wed Dec 12, 2018 9:26 pm

dublin03 wrote:
Wed Dec 12, 2018 8:25 pm
max307 wrote:
Sun Dec 09, 2018 2:16 am
dublin03 wrote:
Sat Dec 08, 2018 8:00 pm
Thanks max307,

Yes i submitted all documents in review but they didn't even considered any of them. They sent copy paste answer in appeal refusal.

Solicitor suggested you should go for Judicial review after reviewing my case but it will take time.

Will they consider my last five years residency reckonable toward citizenship because my citizenship application is still pending and retention was refused in April this year.
My guess is that they will put your citizenship application on hold until this issue is sorted. Others in the forum had similar situations and that's the way INIS dealt with their citizenship application.

What residence permission do you currently hold in Ireland and on what basis?
I applied humanitarian leave to remain after my refusal. My baby was born two months ago. Can he eligible for Irish citizenship ?
What's the nationality or immigration status of the other parent of this baby?

If the other parent is EU citizen or a non-EU citizen legally resident on the island of Ireland (including Northern Ireland) for 3-out-of-4 years immediately before the baby was born then the baby is Irish citizen by birth.

I'm excluding you from the equation because I don't know if INIS will consider you a legal resident, as you mentioned before they view your previous marriage as a "marriage of convenience".
I am not a lawyer or immigration counselor, all views expressed are my own, my comments do not constitute legal advice.

james101958
Newbie
Posts: 40
Joined: Tue Oct 20, 2015 7:01 pm
Ireland

Re: EU Retention Application Refused

Post by james101958 » Thu Dec 13, 2018 2:00 pm

Dublin03 can u explain what is the reason why thy refuse ur application u mention that the same reason inis approve ur application in 2011 and the same reason inis refuse ur application actually what is the reason can u explain thanks

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