Refused EU treaty rights of a qualifying member

[manymen9]

I entered Ireland as a Dependant child of a British Citizen
I applied as a qualifying member of an EU citizen

I applied on: 10/01/2017
Received acknowledgement l on: 15/01/2017
Temporary permission granted : 29/03/2017
refused application and reviewed : 09/10/2018
Further temporary permission granted : 22/11/2018
Case closed and forwaded to Repatriation on : 20/07/2020
Minister McEntee grants extension until : 31/05/2022

All stamps above granted were temporary Stamp 4.
Never qualified as a family member.

SO I am completing 5 years in the state on stamp 4 basis in May 2022 as per residency calculator.

Now I have applied for PR

PR refused quoting that I do not fall under Chenchooliah case as I was never been qualified as a EU family member and I will be issued with a deportation order after the current permission expires on 31/05/2022.

any other options available for my case to remain in the state with a permission?

experts please advise!

[dubnew]

What is the expiry of your most recent IRP card?

[Nala2021]

Doesn't the Chenchooliah case have to do with spouses, or is there a different application of it regarding children, dependent children and so on?

[manymen9]

What is the expiry of your most recent IRP card?

Most recent IRP card expired on 08 Sep 2020 but an Automatic extension was granted by the minster so technically it is 31 May 2022

[manymen9]

Doesn't the Chenchooliah case have to do with spouses, or is there a different application of it regarding children, dependent children and so on?

Well that Chenchooliah case is for those Third Country National who were qualified as a EU family member or a permitted family member where the EU family leaves the country.

They stated that I was never qualified as a family member in my EU treaty rights application.

[meself2]

So you've been here solely on appeals and such and they refused your EU3?
Am I correct to understand you're a child of a British parent who lives in Ireland?
Did you try looking into this (https://www.irishimmigration.ie/coming- ... ly-member/) and applying as a dependent of a British citizen?

I have a somewhat similar situation to yours in general terms (been here for 5 years, but no option to extend my current stamp). Unfortunately, 5 years in Ireland alone (unless you were on work permits) won't give you any legal reason to stay here. You can indeed apply for citizenship, but you need to find a way to extend your residency permit in other ways.

[manymen9]

I have been solely here on temporary permissions granted under EU treaty rights.
They refused my application to qualify as a family member of a EU citizen. I have applied as a dependant child.
Can I apply for EU3 or EU5? I applied for permission to remain I have bought property and stuff in Ireland.
My permission to remain application was refused recently.

[meself2]

I have been solely here on temporary permissions granted under EU treaty rights.
They refused my application to qualify as a family member of a EU citizen. I have applied as a dependant child.
Can I apply for EU3 or EU5? I applied for permission to remain I have bought property and stuff in Ireland.
My permission to remain application was refused recently.

As Britain is not in the EU anymore, maybe you should got the British route?
If they refused your EU Treaty applications, I honestly doubt you can go with EU3/EU5.
What was the reason of your first/second application denial?

[manymen9]

The first reason for denial is that there is insufficient proof for me being a dependant on him. Second was I got a job and working while he was sick, so I wasn't financially dependant on him anymore.

Do I have any other options?

[meself2]

The first reason for denial is that there is insufficient proof for me being a dependant on him. Second was I got a job and working while he was sick, so I wasn't financially dependant on him anymore.

Do I have any other options?

Does your job allow you to go via work permit route?

[dubnew]

What is the expiry of your most recent IRP card?

Most recent IRP card expired on 08 Sep 2020 but an Automatic extension was granted by the minster so technically it is 31 May 2022

Forget about your all temporary permissions. Department will not consider your legal residency in the state.

You should consider to submit your application under undocumented scheme.

[meself2]

Undocumented scheme might be an option, but I'm unsure if that is viable in this case: they mention 4 years of undocumented residence.

[manymen9]

The first reason for denial is that there is insufficient proof for me being a dependant on him. Second was I got a job and working while he was sick, so I wasn't financially dependant on him anymore.

Do I have any other options?

Does your job allow you to go via work permit route?

My Job doesnt allow me go via work permit

[manymen9]

Undocumented scheme might be an option, but I'm unsure if that is viable in this case: they mention 4 years of undocumented residence.

But If I have permission and had some sort of stamp then will it still count on undocumented route? My solicitor told me to wait until May end to see what they will write and take from there further, but they have clearly mention if my status doesn't change by then I should expect a deportation order.