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help needed plzzz in form eu5

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khan0080
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help needed plzzz in form eu5

Post by khan0080 » Thu Oct 03, 2013 3:35 pm

hi, every body i just wabt to discus with you that i was married with EU in 2006 got first year stamp4 and in 2007 got 5years stamp4eufam till 2012 september i am divorced with my wife last year as well and since then i have never applied for renewal of my stamp mean my visa expire sep 2012 now i wanted to apply to renew my visa so do i have to apply for form EU5 to the eu treaty rights or do i have to apply to the general immigration directly as i live here in ireland from 2004 till now worked full time till 2012 which place i would be elegible to apply.

thanksss

CalvinKlien
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Post by CalvinKlien » Thu Oct 03, 2013 4:33 pm

An application for an EU3 Permanent Residence Card which is made on the basis of retained rights will not be accepted unless the non-EEA national applicant has already been approved for the retention of their Residence Card on an individual basis.
An Application for the Retention of a Residence Card can be made on Form EU5. Retention of a Residence Card is required where the EU citizen of whom the non-EEA national is a family member has died or departed from the State, or in the event of the divorce or annulment of marriage between the non-EEA national and the EU citizen.

So apply retention on form EU5 and once approved you need to apply for Permanent Residence Card on form EU3. On the mean time you can request a temporary visa.

Good Luck

jeupsy
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Joined: Wed Nov 23, 2011 11:12 am

Post by jeupsy » Thu Oct 03, 2013 9:54 pm

I would email The EU treaty right section to ask them if it is still possible to apply for retention of rig of residence after a stamp 4 EUFAM has expired (eutreatyrights@justice.ie).
I am really not sure it is possible though as you were meant to inform them of your divorce earlier and your right of residence has expired already.
If they can accept your application, you also will be required to:
- show that you are currently employed
- show that your ex-wife was resident in Ireland and working here at the time of your divorce
- provide evidence that your marriage lasted at least 3 years including 1 year in Ireland

More explanations about this here: http://www.inis.gov.ie/en/INIS/Form%20E ... eaflet.pdf

If you can't apply under EU treaty rights, this might be tricky as you are currently illegal in Ireland. Unless someone here has an idea to suggest, you might want to visit an immigration solicitor and ask for suggestions.

logan1980
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Post by logan1980 » Sat Oct 05, 2013 3:33 pm

jeupsy wrote:I would email The EU treaty right section to ask them if it is still possible to apply for retention of rig of residence after a stamp 4 EUFAM has expired (eutreatyrights@justice.ie).
I am really not sure it is possible though as you were meant to inform them of your divorce earlier and your right of residence has expired already.
If they can accept your application, you also will be required to:
- show that you are currently employed
- show that your ex-wife was resident in Ireland and working here at the time of your divorce
- provide evidence that your marriage lasted at least 3 years including 1 year in Ireland

More explanations about this here: http://www.inis.gov.ie/en/INIS/Form%20E ... eaflet.pdf

If you can't apply under EU treaty rights, this might be tricky as you are currently illegal in Ireland. Unless someone here has an idea to suggest, you might want to visit an immigration solicitor and ask for suggestions.
I would advise you to go to a good solicitor, I have applied for visas myself but result was not good and finally decided to go to solicitor, they know better then us and would find a way. goodluck

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