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Divorced and Retention Questions

Forum to discuss all things Blarney | Ireland immigration

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Grace620
Junior Member
Posts: 85
Joined: Thu Aug 17, 2017 10:07 am

Divorced and Retention Questions

Post by Grace620 » Fri Sep 29, 2017 10:43 pm

Dear Duplsky,

I would like u to please comments on this .

I married to Eu citizen for 5 half years, we recently divorced March 2017 I applied for retention which is granted me 5 months temp stamp 4.
I also applied EU3 in same time both applications. After acceptance of EU5 they start processing EU3 and requested me Eu citizen employment contract which I don't have it and she is not willing to help .
We worked full time throughout never been burden on Gov't .so what would be the consequence on EU3 of not providing her contract .
They already have her work letter and payslips after divorce and there mentioned in letter she working since 2011 til present.
How they can drag to this eu spouse after divorced ?
Thank you

dupalsky
Junior Member
Posts: 89
Joined: Tue Mar 14, 2017 8:19 am

Re: Seperation during 5year temp period

Post by dupalsky » Sat Sep 30, 2017 10:44 am

Hi Grace620,

I don't know how to explain this more stronger, but I will use this example for,

Let say that you are seeking a loan €20,000 from a credit union and they require two things (1) that you must have reasonable income (2) that you must have €5,000 in your credit union account before they grant your loan.

Let say that you have been able to prove your reasonable income by providing your pay slip and maybe cover note from your employer and you also can prove by way of providing your bank statement and showing that you have the said amount in your bank statemen account balance. I can guarantee you that the credit union will not release the loan to you, bacuse, one of the credit union requirements is for you to have that €5,000 deposited in your credit union' account and not in some other bank.

EU3 is a residency giving based on a number of rules that needs to be met. Now circumstances can differ, hence the rules can be amended slightly to suit the circumstance. E.g one of the rules that govern eu3, is that your spouse or partner has to be engaged in an activity within the state for the whole 5 years: employed, studying, social or self sufficient. Now in a case that you divorced after let say 3 years, they will have to consider your spouse activity during the 3 years and your activity for the remaining 2 years.

However, in your case, you were married for the full 5 years period and like I said above, the eu3(permanent residency) will be based on whether your spouse or partner was fulfilling the permanent residency rule or not. Just because you got divorce does not mean that these rules are thrown out of the window.

The key point here is that you are seeking residency based on the past 5 years that you were still together with your other half and your circumstance MUST fulfill the rule on which you are seeking permanent residency for.

Dupalsky

dupalsky
Junior Member
Posts: 89
Joined: Tue Mar 14, 2017 8:19 am

Re: Seperation during 5year temp period

Post by dupalsky » Sat Sep 30, 2017 10:57 am

Just to add further to my above reply, what they require are P60 or P21(I think it's called from the revenue office). Payslip and letter are not sufficient and they do not show paint a comprehensive picture with regards to the person's one year income activities

Dupalsky

Grace620
Junior Member
Posts: 85
Joined: Thu Aug 17, 2017 10:07 am

Re: Seperation during 5year temp period

Post by Grace620 » Sat Sep 30, 2017 11:26 am

Dear Duplsky
Thank you for comments
Let me say we were married 5 half years
We work full time until today in state , for my spouse documents I submitted ( 6 years joint PRTB , P60s, P21s , Household bills, Bank statements, her Job letter , recent Payslip after divorced.

And same documents for myself
They accepted Retention and issued 5 months TRP letters for stamp 4.
For EU3 process they only asked me for her employment Contract which she is not willing to help , Relationship is strained.

Also they asked me my work letter etc which I have them.
Point is for EU3 is my independent application after retention accepted. They requested for her Contract which they have job letter and payslips did not understand, how I should respond that ?

Thanks for your patience
Grace

dupalsky
Junior Member
Posts: 89
Joined: Tue Mar 14, 2017 8:19 am

Re: Divorced and Retention Questions

Post by dupalsky » Sun Oct 01, 2017 12:07 am

I am not sure why they would require her job contract if you have already provided her P60 or/and P21. It doesn't sound right to me at all!

Can you write a little bit more about your spouse work activity: e.g did she work consistently during the 5 years, she had only one job for 5 years or different job etc

Dupalsky

Grace620
Junior Member
Posts: 85
Joined: Thu Aug 17, 2017 10:07 am

Re: Divorced and Retention Questions

Post by Grace620 » Sun Oct 01, 2017 10:53 am

Dear Duplsky,

She is working throughout in Ireland since she landed, its her 2nd job as I have gave them her 1st job contract and detailed of company.

We never been on benefit as I'm working with one company since 2004 . She is working since 2011 .

I understand they asked me about job my activity etc in Ireland .
But I don't see any fairness asking her activity after EU5 accepted ?

Regards
Grace

dupalsky
Junior Member
Posts: 89
Joined: Tue Mar 14, 2017 8:19 am

Re: Divorced and Retention Questions

Post by dupalsky » Mon Oct 02, 2017 9:05 am

Hey Grace20,

Since she has had two different jobs during the 5 years, did you provide her P60 or/and P21 for both jobs to the immigration.

As I mentioned in my previous post, just because your retention was granted does not vitiate that fact that your status was linked to your spouse previously.

If I am to be honest with you, left for the Irish immigration, they would rather not grant you any status. They would rather have you leave the country! They only do it because they are compelled by the EU treaty that they signed up to when they joined EU membership. Therefore, they would like to frustrate you as much as they can by requesting documents that could be done away with. But remember, it doesn't mean that they are not following the law.

My advice is try to provide them with they documents they are requesting for as other root may cost you time and lots of money in order to get them to be reasonable. E.g if you were to take them to court........

Dupalsky

Grace620
Junior Member
Posts: 85
Joined: Thu Aug 17, 2017 10:07 am

Re: Divorced and Retention Questions

Post by Grace620 » Mon Oct 02, 2017 9:26 am

Dear Duplsky,
Thank you for E-mail

I did provided them both jobs employment latter , signed contract , payslips ,P60s , P21 .

I understand your knowledge clearing the fact , I will do my best to feed them with documents as much as I could arranged.
In very awkward position right now to gets docts. I know it's going to cost me much to see legal advice .
Regards Grace

finalversion_2k
Member of Standing
Posts: 390
Joined: Tue Jul 11, 2017 11:03 am

Re: Divorced and Retention Questions

Post by finalversion_2k » Mon Oct 02, 2017 11:01 am

Hi Grace620,

how much time your retention took??

In 'Relationship to EU citizen' you select on EU3? I mean Married, Divorced? if you select married then you need to provide contract, P60, and all other docs.. if you select Divorced then Section 1B Retention Of Right then you don't need her documents..

Thanks,
Kind Regards,
#KK

Grace620
Junior Member
Posts: 85
Joined: Thu Aug 17, 2017 10:07 am

Re: Divorced and Retention Questions

Post by Grace620 » Mon Oct 02, 2017 11:30 am

Dear Finalversion,

Thank you for kind information,

I did applied EU5 & EU3 in same time Divorced accepted and issued me 5 months latter.
Also I mentioned in both form Divorced

They asked me for spous employment contract for EU3 . After retention
So don't know how much it's will be on my flavour ? As she not willing to give me.

Regards
Grace

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