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EU Treaty Rights a Scenario

Forum to discuss all things Blarney | Ireland immigration

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zafarzafar80
Member
Posts: 193
Joined: Sun Oct 24, 2010 5:49 am
Location: Dublin

EU Treaty Rights a Scenario

Post by zafarzafar80 » Mon Oct 25, 2010 10:25 am

Hi all,
Plz comment on the following scenario if possible,
A friend of mine,(Non EU) is a spouse of EU citizen and he is the holder of stamp 4 EUFam for the past 4 years and 9 months.
They got separated and informed EU Treaty Rights Section 2 months ago, yesterday he got a letter from EU Treaty Rights Review section and asked about the recent activity of the EU citizen which is very strange, as after the 3 years of the marriage and holding stamp 4 EUFam, he can retain his residency. His EU spouse worked here for couple of years and he is in full time employment for the past couple of years, never claimed any benefits and both have private medical insurance.
Now my question is " EU Treaty Rights Review section "did not asked a single thing about him, they are treating this case as a new case and looking for only his wife recent activity ?

In the first letter to EU Treaty Rights section he clearly mention that we are seperatly living now and also my wife is gone back to her country.
so whats the point of of asking the recent activity ? also they asked for the recent payslips ? they asked for the benefits she claimed from the department of social affairs ?
what is all this crap ?
What i think is once as a Non EU if you are married to EU citizen, all of your life you would be criticized that why u got separated or divorced .....
million of marriages in the world dont work and people get separates or divores , but if a Non EU is separated than DOJ will talk to you down.
Now he sent a letter to EU Treaty Rights review Section confirming his wife is not in the country and he also gave the letter confirming that she did not claimed any benefits and the previous P60 for the past 4 years.
Also why this letter is coming from Review Section ? this is not a review case at all.
plz comment..........

flatpack
Member
Posts: 115
Joined: Thu Oct 15, 2009 9:18 am

Post by flatpack » Tue Oct 26, 2010 2:42 pm

Probably this is where they will review case before granting rights to stay in country, not sure if non-eu is entitle to stay after 4 years and 9 month, but I read somewhere that your friend still can exercise his rights once reside in state for full 3 years, I m not expert but sure some one may come with reference in law.

archigabe
Moderator
Posts: 1238
Joined: Thu Jan 26, 2006 9:59 am
Location: Dublin

Post by archigabe » Wed Oct 27, 2010 10:23 am


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