After permanent residence

[macie]

Hi All

I was granted 10 years permanent residence in year 2016 by eu treaty right section but my passport was valid only until oct 2018 that time so they endorsed stamp only until oct 2018. My current situation is slightly different at the moment. My wife is looking for separation and refusing to go with me to extend the visa.

I have applied for naturalisation already in oct 17 and currently my application is in second stage. My wife also went to get a fasle safety order which was not approved on the day but court have summoned me to appear in november. I would like to know the options i have in current scenario. i would really appreciate your help. Thanks

[max307]

Hi All

I was granted 10 years permanent residence in year 2016 by eu treaty right section but my passport was valid only until oct 2018 that time so they endorsed stamp only until oct 2018. My current situation is slightly different at the moment. My wife is looking for separation and refusing to go with me to extend the visa.

I have applied for naturalisation already in oct 17 and currently my application is in second stage. My wife also went to get a fasle safety order which was not approved on the day but court have summoned me to appear in november. I would like to know the options i have in current scenario. i would really appreciate your help. Thanks

Is there any chance you can try to patch things up with your wife? Do you think there can be a reconciliation?

If the answer to the questions above is no then I would strongly recommend to inform the Citizenship Division of your current situation. It will be in your best interest that they hear this new information from you and not from your wife or any other agency in the government because then they will assume you are trying to hide it. Also in their correspondence to applicants they always encourage people to update them with any change in their circumstances i.e. employment, marriage, etc.

I believe your other option at the moment is to apply for Retention of Rights, and your citizenship application will be on hold until that application is approved although you have a tough road ahead since now it’s harder to get Retention of Rights, see link below:

ireland/changes-in-relation-to-retained ... 22625.html

Other applicants in this forum had similar stories and they were able to get Retention of Rights and eventually Irish citizenship.

[macie]

Thanks Max for your reply. see the cases you referred in link are related to less than of 5 years relationship with eu citizen. We got married in 2011 and i was granted 10 years permanent residency in 2016.

[max307]

Thanks Max for your reply. see the cases you referred in link are related to less than of 5 years relationship with eu citizen. We got married in 2011 and i was granted 10 years permanent residency in 2016.

But the 10 years permanent residence are based on the fact that you are the spouse of an EU citizen OR on your own right?

What stamp do you hold at the moment?

[macie]

Permanent residency is based on spouse of eu and it's stam4eufam

[max307]

Permanent residency is based on spouse of eu and it's stam4eufam

Exactly and that’s the reason why you need to apply for Retention of Rights using Form EU5.

The problem is that at the moment there is no divorce or annulment of marriage between yourself and the EU citizen so you will need to sort that part out first and then apply for EU5, in the meantime you will need to notify the Citizenship Division that you are currently going to separation and since you have been summoned to court I would mention that as well.

I’m not going to lie, sounds like a complex case so I would try to get some legal help as soon as possible.

[Mal111]

max307 he can not apply for retention application is for only eu1 holders the person hold permanent residence card are exempt from any condition which are in chapter 3 of the directives that is economic activity and retention
in fact if you go to inis website you will see eu5(retention form) is specifically say for the eu1 holder.

macie you just need to inform inis by sending a letter and also ask your spouse is not with you they will very most likely send you a letter confirming that you can renew your stamp by your self.

macie your case is not complex at all when you get permanent residence card you no longer have to relay on eu spouse this is why they call it RIGHT OF RESIDENCE its an entitlement that is only effected by your absence from state for more then 2 years.
about the bring you eu citizen spouse to immigration think of it as just a line on your letter once you tell them that your spouse is not going with you and your separated they will tell you to go by your own and renew it.

however it is very important that you inform INIS about your separation because on the letter they say you should and if you don't they might make it difficult for you. also as max said inform citizenship office aswell if you have applied for citizenship.

[macie]

thanks mal for your insight. i had same views but wasn't sure so that's why i tossed it here. do i need to send inis an email ( eutreatyrights@justice.ie ) or letter (EU Treaty Rights Applications Unit, Residence Division, Irish Naturalisation and Immigration Service, Department of Justice and Equality, 13/14 Burgh Quay, Dublin 2, D02 XK70)? thanks again.

I will update citizenship department as well. i am just worried about summons.

[macie]

max307 he can not apply for retention application is for only eu1 holders the person hold permanent residence card are exempt from any condition which are in chapter 3 of the directives that is economic activity and retention
in fact if you go to inis website you will see eu5(retention form) is specifically say for the eu1 holder.

macie you just need to inform inis by sending a letter and also ask your spouse is not with you they will very most likely send you a letter confirming that you can renew your stamp by your self.

macie your case is not complex at all when you get permanent residence card you no longer have to relay on eu spouse this is why they call it RIGHT OF RESIDENCE its an entitlement that is only effected by your absence from state for more then 2 years.
about the bring you eu citizen spouse to immigration think of it as just a line on your letter once you tell them that your spouse is not going with you and your separated they will tell you to go by your own and renew it.

however it is very important that you inform INIS about your separation because on the letter they say you should and if you don't they might make it difficult for you. also as max said inform citizenship office aswell if you have applied for citizenship.

mal please ignore my earlier reply. i re read your post and answer is there already. would you just confirm if i have to inform citizenship department about summons? thanks

[Mal111]

im also separated I inform both eu treaty right section and citizenship office both replied '' your updates is noted'' I inform them 2 months ago.

my passport is expiring in sept 2020 therefore they didn't say anything about my future visa as in theory il get the citizenship before however I would want to know what they will tell you as your visa is about to expire make sure in ur letter to eu treaty section you ask them about how you can renew your visa in oct 2018 and send that letter as soon as possible because you need a letter from eu treaty section saying you can renew your visa without your spouse attendance your time is running out as you need to get appointment sometimes it take 3 months to get the date from inis to get registration of visa or extension so send that letter ASAP also please inform me here what they write you back!

yes definitely inform them about the summon in a letter with details of the event.

[macie]

i have informed the eu treaty rights section via email. their reply ''content has been noted and we will contact you.'' I have also sent them a registered letter as informing the same. lets see what happen. has anyone else went through this?

[Mal111]

please let me know if you get a response to your letter by post as well.

[Mal111]

hi macie

did you inform eu treaty right dept about your separation and how you can go about and extend your remaining visa by your self?

[Mal111]

Any update?