Retention of rights (ROR)

[weareallhappy]

Hello to all good people on board.

I have a situation here

I (non eu) married my wife (eu) in 2010 December
Things not going great recently
Both decided to divorce
We have been married for 3 years and 5 months now
We are going yo intiate divorce process in a week

Can anyone please tell me if I would be able to retain my residency on my own bases?

Wife have been in employment all the time.

Have got all the proofs of living together and all.

Please if any1 can shed some light on retention procedure
Or anyone have gone through the procedure ?

[CalvinKlien]

Hi, once u r married over three years and ur EU spouse was exercising her treaty rights in the form on employment and you have proofs of it in the form of P60 / P21 and once you have proof of living together like utility bills, bank statement, payslips, revenue letters, private medical insurance. You can retain your residence card on your own rights.

Once you get your divorce certificate you need to apply in DOJ for the retention of your residence card on your own rights on form EU5.

Here is the link to the form EU 5: http://www.inis.gov.ie/en/INIS/Form%20E ... %20EU5.pdf

And at the end of the 5 years of your current visa you need to apply for the Permanent Residence Card on form EU 3.

Here is the link to the form EU 3: http://www.inis.gov.ie/en/INIS/Form%20E ... %20EU3.pdf

You can get more info from the DOJ page: http://www.inis.gov.ie/en/INIS/Pages/EU ... y%20Rights

Good Luck

[weareallhappy]

Thank You CalvinKlien.

Yes she has been working all the time and she will ofcourse provide me with all the documents I would need.

Do we have to have medical Insurance or you just mentioned it for a proof of living together ?

[CalvinKlien]

If you have the medical Insurance, that would be a plus point especially when you applying for the retention. It will show that you will not be burden on the state in any form or shape.

Start your home work from now on and don't take your Ex easy. She might not give you her documents. So be prepared as DOJ will squeeze your veins:)

[weareallhappy]

Calvinklien
Are you serious mate about deparment squeezing my blood ?

I have a fulltime well paid job do I still need medical insurance ?

Do u think it hard to get retention even having all docum3ntations and proofs ?

[CalvinKlien]

Don't take the department light, In DOJ there are some very odd people who can make ur life absolutely hell.

They are very querious that why every second marriage broke up only after 3 years ? why not before three years ?... Mate you know what i mean.....So be careful

Medical Insurance is not mandatory, it's just an extra edge, you can ignore it if don't wana pay for that...

[Conejo77]

Hi,

I'm afraid INIS guys don't like that kind of situation and they consider that as a way to become Irish/European, I know 2 fiends of mine in the same situation (got deported), and other person in this forum (http://www.immigrationboards.com/irelan ... 64545.html)...

I remember when I got married, one officer told me that even if I get Irish citizenship and then I get divorced that will trigger an investigation and I could go to prison (she wasn't very nice at all, but they hate fake marriages).

....So long story short: you are not going to keep your Rights and they are going to ask you to apply for any other type of visa on your own (student, must likely if you are form SouthAmerica). Probably the best way to go is to fix your relationship with your wife (sorry to ear is not going well).

Best of luck.

Conejo

[weareallhappy]

Hi,

I'm afraid INIS guys don't like that kind of situation and they consider that as a way to become Irish/European, I know 2 fiends of mine in the same situation (got deported), and other person in this forum (http://www.immigrationboards.com/irelan ... 64545.html)...

I remember when I got married, one officer told me that even if I get Irish citizenship and then I get divorced that will trigger an investigation and I could go to prison (she wasn't very nice at all, but they hate bad quality marriages).

....So long story short: you are not going to keep your Rights and they are going to ask you to apply for any other type of visa on your own (student, must likely if you are form SouthAmerica). Probably the best way to go is to fix your relationship with your wife (sorry to ear is not going well).

Best of luck.

Conejo

Hi conejo

I am really very impressed with your views on retention of rights laws.

It is not about likes or dislikes of INIS , it is a law and law is a law... right ?

The link you sent me that person hasnt mentioned any of his background that why his retention/PR was denied.

Please dont advise people if you have no knowledge of the subject becaz like this you are misleading peoples who need help.

Can you please clarify why would I be refused retention qnd most probably be deported if I am from Latin America ?
Is there some particular laws for Latins ?

THANKS

[IntegratedMigrant]

I remember when I got married, one officer told me that even if I get Irish citizenship and then I get divorced that will trigger an investigation and I could go to prison (she wasn't very nice at all, but they hate bad quality marriages).

As long as your marriage was genuine, they dont dare!. I bet whomever idiot that was telling you that was suggesting that you could be caught out if your marriage happened to be sham. In order words, he really dont like the fact that you're getting married. Marriage can break anytime and he himself might have been divorced 2 times!, or could in the near future.