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Retention Eu 5 form. hElp

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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jjojo
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Joined: Mon Jun 10, 2019 8:29 pm
India

EU 5 FORM RETAINED OF RETENTION RIGHTS

Post by jjojo » Mon Jun 10, 2019 9:24 pm

Hi,

I am having some serious issues, please if anyone can advice me.

I married to Lativian women in March 2014. i applied for Eu fam stamp 4 which i got the approval letter in 27 September 2014 but i got the stamp on my passport in 16 January 2015. The gap is because i was living in county side, and officer was not available and when he was available, already 3 and half months were gone.
I lived with my wife till 25th May 2018. The reason why we broke up. her mother is suffering from cancer.
she was on and off during this time period. she did her registered job almost 1 year and 7 months in the state and rest of the time she started delivery job (cash in hand) with dominos. because she was not getting enough money from registered job. but she signed a document that all her tax, she is responsible for that,
The main reason we broke up, i met with someone for one night stand and that lady becomes pregnant. my wife came to know this thing in May 2018 and she left me, when she came to know, that lady is pregnant.
the girl was living just 2 doors away from my apartment. i tried a lot to abort that child but abortion was illegal in the state. when i requested to girl, we can go for uk to abort this, she said, she is asylum seeker and she can't travel. i met her in October 2017, when we had one night stand and baby born in 27th june 2018.

The girl only request me to give rights to the baby. rest it's up to me, i can leave her, where we have no option for abortion.

My wife left me on 23rd may 2018, when she came to know this thing. i tried a lot to convinced her but she left me and left the state and went back to her mother.

From May 2018 to June 2018, it was very hard time on me. i said to that girl, i will help her money wise and complete her all needs.

i went on her operation day. that was very risky operation and she got many complications because of that operation.

i was very upset and didn't accept the baby.
then again she requested me, All i want is rights for the baby. then i went to lawyer and explain all my situation. He said, baby is eligible for passport because i spent my more the 3 years in the state on stamp 4

I decided, once baby got his passport i will left the country and leave and mother baby behind baby happy, because there was nothing left for me.

i moved to different house after the 2 months birth of baby and gave that lady new home with baby to live happily there. i said her, whatever your problems are, you have to solve by yourself. once baby got its rights, i will leave this country.


i applied passport in September 2018 for the baby, by 13 September 2018, i received one letter from INIS in wrong address, where i never lived.,
The address was where the girl was living, whom i had affair. even she left the apartment in august 2018. but INIS contacted me there with a summary answers about my relationship with my wife.
they issued letter on 13th September 2018, but i got that letter on 18 September 2018. which was received by missed post office. The room mate of that girl informed, your boy friend registered post is missed.

when i receive that post, i was shocked with long lasting summary questions with evidence with in 21 workings days, otherwise they will revoked my stamp.
i went to lawyer straight and gave her all evidence and explained all the possible facts relationship with my wife and also i explained them about the baby, what was happened with me.

The solicitor replied INIS on 12th October 2018 with all answers and evidences. INIS send me another letter on 13th October to revoking my stamp because i never replied them and they sent post to wrong address where i never lived.
The solicitor sent registered post explained them that we applied on time as given by INIS.

Then i requested why they revoke my stamp for no reasons. they said, we can't take our decision back. but you can go for review and send us EU 5 FORM. which i did it and they sent me temporary stamp 4 on my new address for 10 months while my case under review. if my stamp expired, i can renew it. if i did't heard any answers back.

Now still my case is under review.

I requested passport office please issue baby passport, the passport office said, we are waiting for verification from INIS, that my stamp 4 which i spent in the state are legal and more than 3 years. if they send verification today, we will issue baby passport straight way.

Even i requested INIS please whatever your decisions comes up inn, i will accept it through my soul and heart. i am ready to leave the state. but please give rights to the baby.

The girl is muslim and she is from Pakistan, The child is born out of wed lock which is sin in our religion.
The baby can't survive in any freeking muslim state. The baby's passport is still on hold and passport office is waiting for verifications.

INIS said my case is in queue.

My questions are

INIS sent the post in wrong address, where i never lived. ( Is this defendable/arguable )? because they revoke my stamp on wrong basis. i replied them.

what are the possible factors with baby passport?


From Jan 2015 to till now, ( Is this time period is countable for the long term residence application)

My stamp is getting expired on 1 September 2019. what should i do? if i didn't heard anything from INIS?

please help and answer me with all possible answers

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: EU 5 FORM RETAINED OF RETENTION RIGHTS

Post by Obie » Mon Jun 10, 2019 9:47 pm

Proceedings can be initiated against INIS in relation to the child.

The problem with your case is not that you split, but whether you can prove she was exercising treaty rights in the state. Separation does not invalidate EU rights provided the marriage was lawful and not one of convenience.
Smooth seas do not make skilful sailors

dubnew
Junior Member
Posts: 95
Joined: Wed Aug 15, 2018 9:40 pm
Ireland

Re: EU 5 FORM RETAINED OF RETENTION RIGHTS

Post by dubnew » Mon Jun 10, 2019 11:18 pm

Its nothing to do with "freeking muslim state". Its EU treaty rights and your wife worked only 1 year and 7 months.

Many cases similar to your case in INIS and department first revoke EUFAM 4 then baby passport. Sorry to say but your case is not very strong.

jjojo
Newly Registered
Posts: 9
Joined: Mon Jun 10, 2019 8:29 pm
India

Re: EU 5 FORM RETAINED OF RETENTION RIGHTS

Post by jjojo » Tue Jun 11, 2019 8:30 am

Obie wrote:
Mon Jun 10, 2019 9:47 pm
Proceedings can be initiated against INIS in relation to the child.

The problem with your case is not that you split, but whether you can prove she was exercising treaty rights in the state. Separation does not invalidate EU rights provided the marriage was lawful and not one of convenience.
i provided with all my evidences that we were living together. my all more than 3 years proofs including her PRTBS.
Even i sent her that contract form, which she worked for dominos.

jjojo
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Posts: 9
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India

Re: EU 5 FORM RETAINED OF RETENTION RIGHTS

Post by jjojo » Tue Jun 11, 2019 8:33 am

dubnew wrote:
Mon Jun 10, 2019 11:18 pm
Its nothing to do with "freeking muslim state". Its EU treaty rights and your wife worked only 1 year and 7 months.

Many cases similar to your case in INIS and department first revoke EUFAM 4 then baby passport. Sorry to say but your case is not very strong.
she worked more than 3 years. but 1 year and 7 months are proper tax paid jobs, rest she worked cash in hand with dominos and i have proofs for that evidence, A proper contract which is sent by them for her and she signed that contract.

Obie
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Posts: 15163
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Location: UK/Ireland
Ireland

Re: EU 5 FORM RETAINED OF RETENTION RIGHTS

Post by Obie » Tue Jun 11, 2019 2:53 pm

The job with Domino Pizza will be accepted. The question is, why did the department write you. What was the reason s? Are they questioning the genuine nature of your relationship, or whether she was exercising treaty rights.
Smooth seas do not make skilful sailors

jjojo
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Posts: 9
Joined: Mon Jun 10, 2019 8:29 pm
India

Re: EU 5 FORM RETAINED OF RETENTION RIGHTS

Post by jjojo » Tue Jun 11, 2019 5:41 pm

Obie wrote:
Tue Jun 11, 2019 2:53 pm
The job with Domino Pizza will be accepted. The question is, why did the department write you. What was the reason s? Are they questioning the genuine nature of your relationship, or whether she was exercising treaty rights.
They basically questioned me about my relationship.
i married to someone else and baby from someone else.

but my marriage is geniune and i sent my all documentation from last 3 and half years sent.
including bills, PRTB, lease agreements, and job contracts
etc


the baby passport is still on hold. and i am under review.
the passport office says, we are waiting for verifications from department.

Can i take statement letters from irish citizens?
because my previous landlord met my lativian wife many times.
what are possibilities for review? why they are doing this?

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: EU 5 FORM RETAINED OF RETENTION RIGHTS

Post by Obie » Tue Jun 11, 2019 5:45 pm

It is hard to make a comment as your case is fact sensitive. One will need to examine all the facts surrounding it.

It may be a tough one.

You ought to have updated the department of your new address.
Smooth seas do not make skilful sailors

jjojo
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Posts: 9
Joined: Mon Jun 10, 2019 8:29 pm
India

Re: EU 5 FORM RETAINED OF RETENTION RIGHTS

Post by jjojo » Wed Jun 12, 2019 9:59 am

Obie wrote:
Tue Jun 11, 2019 5:45 pm
It is hard to make a comment as your case is fact sensitive. One will need to examine all the facts surrounding it.

It may be a tough one.

You ought to have updated the department of your new address.
they make decisions on evidencery basis or on there examine thing.
i am just concerned, if you gave there all answers and with all evidence.
does it make any positive thing.

how can they say marriage of inconvinence, i mean whatever they asked me, i replied them with all evidence and facts

Finepaddy
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Posts: 155
Joined: Tue Feb 19, 2019 4:46 pm
Mood:
Norway

Re: EU 5 FORM RETAINED OF RETENTION RIGHTS

Post by Finepaddy » Wed Jun 12, 2019 12:43 pm

jjojo wrote:
Tue Jun 11, 2019 5:41 pm
Obie wrote:
Tue Jun 11, 2019 2:53 pm
The job with Domino Pizza will be accepted. The question is, why did the department write you. What was the reason s? Are they questioning the genuine nature of your relationship, or whether she was exercising treaty rights.
They basically questioned me about my relationship.
i married to someone else and baby from someone else.

That's what we call messed up life. I thought u gona leave the country but still u applied for review, r u sure u know what u want from this case ?

but my marriage is geniune and i sent my all documentation from last 3 and half years sent.
including bills, PRTB, lease agreements, and job contracts
etc


the baby passport is still on hold. and i am under review.
the passport office says, we are waiting for verifications from department.

Can i take statement letters from irish citizens?
because my previous landlord met my lativian wife many times.
what are possibilities for review? why they are doing this?
Finepaddy becomes badpaddy :mrgreen:

jjojo
Newly Registered
Posts: 9
Joined: Mon Jun 10, 2019 8:29 pm
India

Retention Eu 5 form. hElp

Post by jjojo » Wed Jul 10, 2019 2:36 am

Hi

My stamp 4 is getting expired next month. I am on temporary stamp 4. which was for 11 months and now going to expired next month.

My application is already inn for Eu5 Form. I put that application in last October 2018.

The is no decisions time on the documents.

How long it takes for Decisions ? If it takes long, how can i get temporary stamp again.
I wrote INIS last week and they replied me. we will give you decision before your stamp expired, if not. just write us one month before we will extend your stamp.

I live in county side, i have serious job issues. county side garda station takes minimum 6 weeks to appointment and GNIB card. i have small baby and his all living depend on my job.

How can i renew my visa or extension in Stamp?

[whole scenario]
I am having some serious issues, please if anyone can advice me.( INIS question me on my marriage)

I married to Lativian women in March 2014. i applied for Eu fam stamp 4 which i got the approval letter in 27 September 2014 but i got the stamp on my passport in 16 January 2015. The gap is because i was living in county side, and officer was not available and when he was available, already 3 and half months were gone.
I lived with my wife till 25th May 2018. The reason why we broke up. her mother is suffering from cancer.
she was on and off during this time period. she did her registered job almost 1 year and 7 months in the state and rest of the time she started delivery job (cash in hand) with dominos. because she was not getting enough money from registered job. but she signed a document that all her tax, she is responsible for that,
The main reason we broke up, i met with someone for one night stand and that lady becomes pregnant. my wife came to know this thing in May 2018 and she left me, when she came to know, that lady is pregnant.
the girl was living just 2 doors away from my apartment. i tried a lot to abort that child but abortion was illegal in the state. when i requested to girl, we can go for uk to abort this, she said, she is asylum seeker and she can't travel. i met her in October 2017, when we had one night stand and baby born in 27th june 2018.

The girl only request me to give rights to the baby. rest it's up to me, i can leave her, where we have no option for abortion.

My wife left me on 23rd may 2018, when she came to know this thing. i tried a lot to convinced her but she left me and left the state and went back to her mother.

From May 2018 to June 2018, it was very hard time on me. i said to that girl, i will help her money wise and complete her all needs.

i went on her operation day. that was very risky operation and she got many complications because of that operation.

i was very upset and didn't accept the baby.
then again she requested me, All i want is rights for the baby. then i went to lawyer and explain all my situation. He said, baby is eligible for passport because i spent my more the 3 years in the state on stamp 4

I decided, once baby got his passport i will left the country and leave and mother baby behind baby happy, because there was nothing left for me.

i moved to different house after the 2 months birth of baby and gave that lady new home with baby to live happily there. i said her, whatever your problems are, you have to solve by yourself. once baby got its rights, i will leave this country.


i applied passport in September 2018 for the baby, by 13 September 2018, i received one letter from INIS in wrong address, where i never lived.,
The address was where the girl was living, whom i had affair. even she left the apartment in august 2018. but INIS contacted me there with a summary answers about my relationship with my wife.
they issued letter on 13th September 2018, but i got that letter on 18 September 2018. which was received by missed post office. The room mate of that girl informed, your boy friend registered post is missed.

when i receive that post, i was shocked with long lasting summary questions with evidence with in 21 workings days, otherwise they will revoked my stamp.
i went to lawyer straight and gave her all evidence and explained all the possible facts relationship with my wife and also i explained them about the baby, what was happened with me.

The solicitor replied INIS on 12th October 2018 with all answers and evidences. INIS send me another letter on 13th October to revoking my stamp because i never replied them and they sent post to wrong address where i never lived.
The solicitor sent registered post explained them that we applied on time as given by INIS.

Then i requested why they revoke my stamp for no reasons. they said, we can't take our decision back. but you can go for review and send us EU 5 FORM. which i did it and they sent me temporary stamp 4 on my new address for 10 months while my case under review. if my stamp expired, i can renew it. if i did't heard any answers back.

Now still my case is under review.

I requested passport office please issue baby passport, the passport office said, we are waiting for verification from INIS, that my stamp 4 which i spent in the state are legal and more than 3 years. if they send verification today, we will issue baby passport straight way.

Even i requested INIS please whatever your decisions comes up inn, i will accept it through my soul and heart. i am ready to leave the state. but please give rights to the baby.

The girl is muslim and she is from Pakistan, The child is born out of wed lock which is sin in our religion.
The baby can't survive in any muslim state. The baby's passport is still on hold and passport office is waiting for verifications.

I gave my all documents with proofs and evidences.
even i gave statements from irish people and the people who lived in uk. they gave me written references with their passport copies.

please give me advice.

kupuser
Member
Posts: 141
Joined: Tue May 09, 2017 9:21 am
Ireland

Re: Retention Eu 5 form. hElp

Post by kupuser » Wed Jul 10, 2019 10:33 am

Hi,

The issue is complex and involves a lot of variants. For example what triggered the department to send you the letter, what evidence do they have to say your marriage is one of convenience.

Ask your solicitor to request INIS to share with you all the evidence they used to come to the conclusion of revoking your permission. Then answer each issue point by point. This is the only way you can increase your chances in this application.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Retention Eu 5 form. hElp

Post by Obie » Wed Jul 10, 2019 1:25 pm

EU 5 will fail unfortunately, I am not sure why the lawyer did not tell you this. You do not have a divorce and therefore this disqualifies you from EU5.

Relating to your child, that is a different matter, you may have had lawful residence in the 4 years before his birth, even though you may not have one now.

The child's prospect of success is better than yours.
Smooth seas do not make skilful sailors

jjojo
Newly Registered
Posts: 9
Joined: Mon Jun 10, 2019 8:29 pm
India

Re: Retention Eu 5 form. hElp

Post by jjojo » Thu Jul 11, 2019 2:13 pm

kupuser wrote:
Wed Jul 10, 2019 10:33 am
Hi,

The issue is complex and involves a lot of variants. For example what triggered the department to send you the letter, what evidence do they have to say your marriage is one of convenience.

Ask your solicitor to request INIS to share with you all the evidence they used to come to the conclusion of revoking your permission. Then answer each issue point by point. This is the only way you can increase your chances in this application.
I have answered all the possible facts with evidences. Each point is explained and i sent the evidence as well. they just said me this, we have your documents on file. They didn't ask me anything further.
My application is in review and i sent eu 5 form.
what other options i have i case of negative answers from INIS?
My baby passport is also still on hold.

jjojo
Newly Registered
Posts: 9
Joined: Mon Jun 10, 2019 8:29 pm
India

Re: Retention Eu 5 form. hElp

Post by jjojo » Thu Jul 11, 2019 2:18 pm

Obie wrote:
Wed Jul 10, 2019 1:25 pm
EU 5 will fail unfortunately, I am not sure why the lawyer did not tell you this. You do not have a divorce and therefore this disqualifies you from EU5.

Relating to your child, that is a different matter, you may have had lawful residence in the 4 years before his birth, even though you may not have one now.

The child's prospect of success is better than yours.
If EU5 fails, what other options i have? can you suggest me?

My application is in review and i sent eu 5 form.
what other options i have i case of negative answers from INIS?
My baby passport is also still on hold from last 1 year.

Main issue is my job. if i loose my job, because my temporary will expire next month and baby is fully dependant on me.
what i can do to obtain temporary stamp?
or should i say, what other option i have to get rid of this matter and get permanent stamp?

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