It is with great regret, that I inform the Forum that the case of Singh and Others v Minister for Justice and Equality C 218/14 has been promulgated by the CJEU Singh .
http://curia.europa.eu/juris/celex.jsf? ... TXT&ancre=
http://curia.europa.eu/jcms/upload/docs ... 0085en.pdf
Unfortunately it is bad new. The (INIS) Department of Justice won the case unfortunately, although the applicant won on the issue of whether or not a person can rely on the income of a Spouse who is in employment to establish self-sufficiency.
The Consequencies is that Retention of Residence will have little meaning in the Irish Context, as a person cannot divorce in ireland until they have lived apart for the last 4 of a 5 years period.
The CJEU Ruled that a person will need to ensure that the EEA national is residing in the State at the time the divorce was initiated.
It follows that an EEA national who leaves the state before acquiring a Permanent Right of Residence , and went to another country in order to gain a divorce, will result in that non-EEA national loosing the right to retain residence, unless a petition was filed before the EEA National departed the state.
As a consequence of this judgement, many divorce or potential divorce person will have significant problem in securing a retained right of residence in Ireland, giving the problematic nature of the Irish Divorce System.
The Opinion of the Advocate General was wholly lacking in reasoning an logic, and it came as a huge surprise to me that it was adopted by the court.
It open a can of worm, and i am confident this matter will go back to the court.
There is already a UK case called NA(Pakistan) , which was a matter involving domestic violence, and a decree of divorce obtained following the departure of the violent EEA national.
We patiently await the views of the court in that matter.
- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222