Retention of residency rights

CalvinKlien · Post by **CalvinKlien** » Tue Dec 24, 2013 9:50 am

Hi zsk_747,

This is very simple calculation. You should be married to your EU spouse for atleast three years. And out of these three years your spouse should be involved in an economic activity (Work, Study or self sufficient) for 1 year.

Hope i have answered your question.

Good Luck

zsk_747 · Post by **zsk_747** » Tue Dec 24, 2013 12:27 pm

CalvinKlien · Post by **CalvinKlien** » Tue Dec 24, 2013 12:31 pm

Yes, once you are married over three years and you have activity proof of 2 and half year you would be fine. Keep all the proofs like, P60's, P45's, P21's, Utility bills as proof of address, Tenency agreement etc. DOJ would be looking for them over and over again.

Also keep the photocopies of the documents you send to DOJ because they would be looking for the same docuument/s, two months later. So always keep the backup.

Good Luck

zsk_747 · Post by **zsk_747** » Tue Dec 24, 2013 1:03 pm

IntegratedMigrant · Post by **IntegratedMigrant** » Tue Dec 24, 2013 2:04 pm

zsk_747 wrote:Thanks my friend for answering my questions.....one more question, I have my ex-wife and my self P60's copies not a original one because we received P60's and P45's by email all the time and rest of the required documents original, so will be fine for my me?

Yes that should be fine.

CalvinKlien · Post by **CalvinKlien** » Tue Dec 24, 2013 3:28 pm

Yes P60 / P45 / P21 shows that you have exercised your treaty rights, so it's not a problem if it is original paper or a photo copy. However, If you can, try to take a colour print out of them. You would be fine....

zsk_747 · Post by **zsk_747** » Tue Dec 24, 2013 4:55 pm

Thanks for answering..........so finally what will you recommend me....should i apply through solicitor or my-self...........Thanks

CalvinKlien · Post by **CalvinKlien** » Tue Dec 24, 2013 5:10 pm

First of all i need to know if you are still married or divorced ? and when is your visa due to expire ?

CalvinKlien · Post by **CalvinKlien** » Tue Dec 24, 2013 5:13 pm

If you are divorced and if you have a vlid visa, you need to appy for the retention of your current residence card by applying on "Form EU5", This is the URL to the application form:

http://www.inis.gov.ie/en/INIS/Form%20E ... %20EU5.pdf

You can get more info here: http://www.inis.gov.ie/en/INIS/Pages/EU ... y%20Rights

Well, it's up to you to apply via a solicitor or yourself, but to be honest solicitors don't do much, on the other hand sometimes its a piece of mind when a solicitor is involved....

zsk_747 · Post by **zsk_747** » Tue Dec 24, 2013 5:23 pm

Thanks.......my visa will expire in Dec, 2015 and once my retention of residency will be approved, then DOJ will issue me a new visa or will i continue the same visa and one more thing when i can apply for permanent residency straight after retention of residency rights or after my visa will be expired.

Thanks

CalvinKlien · Post by **CalvinKlien** » Tue Dec 24, 2013 5:30 pm

Below is the process:

You will apply for the retention of your residence card on Form EU5, DOJ would be looking for the proofs of addresses that should be on both of your names and for the P60's etc. I hope they will approve your retention and will send you a letter of approval. They will not issue you a new visa.

The letter of approval will also say that you should apply for the permanent residence card on your own rights on form EU3 six months before the expiry of your residence card ( which you will apply in July 2014).

zsk_747 · Post by **zsk_747** » Tue Dec 24, 2013 9:57 pm

I am planning to apply first week of jan 2014, do you know how long DOJ will take to complete the process (Retention of residency rights).

CalvinKlien · Post by **CalvinKlien** » Wed Dec 25, 2013 7:38 am

It will take between three to six months, depends on the nature and circumstances of the applicant.

Send them maximum proofs of living together and exercising treaty rights, also you should be in full time employment to show that you have a valid reason to continue your residence in the state.

Good Luck

zsk_747 · Post by **zsk_747** » Wed Dec 25, 2013 11:45 am

Thanks for reply..............Actually i am not working at the moment, i am studying full time in DCU and this is my last year and college supporting me during the studying and paying me 80 euro a week.
So please let me know, Is it necessary to have a job, because i am studying full-time and how can i do job with the study......Please let know what will happen in this circumstances.

Thanks

CalvinKlien · Post by **CalvinKlien** » Thu Dec 26, 2013 10:26 am

The whole purpose of getting retention on your own rights is that you should be involved in an economic activity.

Study is also an economic activity (you are fine) and i hope u are NOT claiming social welfare..... If you are claiming social, i would be very surprised if you get retention.....

Be careful with social money during retention / permanent residence card and naturalization....

As you are not in full time employment i would recommend to speak with an Immigration solicitor for expert opinion.

CalvinKlien · Post by **CalvinKlien** » Thu Dec 26, 2013 10:29 am

Another advise... If you are not claiming / claimed social welfare, i would recommend to go to your local social welfare office and request a letter and that should state that " You have never claimed social welfare money in any form ", that will build a confidence in your application that although u r not working but u r also not a burden on the state.

zsk_747 · Post by **zsk_747** » Thu Dec 26, 2013 1:29 pm

Thanks for reply.............Actually i got social for only two months during my college holidays (june and july) 2013 since i came in this country,and currently i am getting student grant from (SUSI) and i am surviving only behalf of student grant no other option, so once i will be completing the course hopefully will get the job in my field............what you think student grant is a part of social welfare???

CalvinKlien · Post by **CalvinKlien** » Fri Dec 27, 2013 9:37 am

student grant is NOT part of social welfare

zsk_747 · Post by **zsk_747** » Fri Dec 27, 2013 8:39 pm

Thanks for reply

CalvinKlien · Post by **CalvinKlien** » Sat Dec 28, 2013 7:20 am

khan0080 · Post by **khan0080** » Tue Dec 31, 2013 2:51 pm

hi,

can any one please tell me what happen when you submit form 5 and its get approved so then you haveto apply for eu3 wich is for 10 years or they approve you on form 5 strait away for 10 years thanks. and also if you divorce with your eu wife and you got approve form5 then can you bring your wife and children from your own non eu country or do you still have to wait foryour naturalisation to aproved. thanks

Jellybean105 · Post by **Jellybean105** » Sun Jan 12, 2014 12:23 am

zsk_747, just to let you know I can't reply to your message as it says you have disabled private message receipt.

CalvinKlien · Post by **CalvinKlien** » Sun Jan 12, 2014 11:15 am

Guys, can we please answer each other questions here in the forum so that we can help other people looking for the similar kind of help....

Yes you can use private messages if required but he is looking for general information...

Jellybean105 · Post by **Jellybean105** » Sun Jan 12, 2014 12:05 pm

Of course I always reply on the threads to help others. I actually have no idea what help he needs. He emailed me asking for my help but I couldn't reply as he has restricted replies. I just thought I would let him know (it was the only way to do it).

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