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Before they applied for divorce proceedings.Dublin3232 wrote:before the initiation of divorce
I would like to know what thet means?
It is interesting that you succeded in winning a Retention of right case without a divorce. According to my understanding their should have been a divorce before the question of retention comes in. Once someone has retained their rights of residence, they will acquire PR. Basically, time spent as family members, and former family member will count towards the 5 years continuous residence for PR.ImmigrationLawyer wrote:Yes I have a client who got this (after waiting a long time on appeal). couple separated but no divorce or judicial sep proceedings initiated. Got 5 years tho, not permanent residency.
I agree. Another way to think about this is that Article 13 of the Directive was not effectively transposed into national law, since when combined with national law about divorce, it is virtually impossible to be divorced within the 5 years of initial residence.ImmigrationLawyer wrote:Well you can argue that the Regs/directive do not make sense if the person only retains the rights after divorce and not separation, especially in Ireland where there is such a long waiting period. That would be illogical. Also argue that the constitutional protection of marriage means that a person could not be removed from the State whilst there is a prospect of reconciliation with his or her spouse