Post
by littlerr » Wed Apr 15, 2020 4:50 pm
Without knowing details about your marriage, in a nutshell, I think your chance of claiming retention is quite slim.
Courts in China are known to favour females over males when it comes to divorce, so if your case was defeated twice in China, something has to have gone very wrong. Making it worse, you have chosen not to attend the court. Asking your parents to resolve a marriage issue is simply not an option in court.
He can report you regardless of your marriage status in China. Your residence permission condition clearly says you have to live with him together in Ireland and you need to report to INIS within 7 days of separation, neither of which you had obeyed. Therefore you have violated your condition since 2016 and have illegally stayed in Ireland up to now. Whether he will do so or not is up to him and up to your relationship.
You might be able to claim your residence based on your child, if your child is an Irish citizen. At least I think you have a better shot from this angle rather than claiming retention which you are not entitled to.
I’m not a solicitor so don’t take my words for it. You would need an experienced solicitor to find any evidences that might help your case.