HELP HELP HELP! Retention Rights

[LiliJi]

I am Chinese marry with Irish man. We marry in China in 2014 and have child. I want my child to go to school in Ireland. I live in Ireland and he live in China for years but I did not report this because I am scared I get deported. He started a case in China and he win. I do not want to except that judgement. I start Judicial Separation and extend my visa. I did not say about China case. My visa is ok now. It is wrong I did not say about China case?

[littlerr]

You are required by law to contact INIS within 7 days of your separation. The fact that you intentionally hid this vital information from INIS makes it very difficult for you.

How long have you been married?
How long have you been living together in Ireland?
How long have you been living in Ireland alone?

He started a case - what case? Did he try to divorce you in China?

You said you do not want to accept the judgment - what judgment? Did a judge in China approve the divorce? Did you attend the court? If not, did you provide the court with any affidavit or at least written statement outlining your reason of refusal to divorce?

[LiliJi]

We marry in 2014. I come to Ireland in 2014. He go back to China in 2016. I stay here. He start divorce in 2018 in China. I don't go to court. I live in Ireland, my child go to school here. My parents and lawyer go to judge. He win. We complaint to judge. But he win again. Marriage is over in China. Can he report me?

[littlerr]

Without knowing details about your marriage, in a nutshell, I think your chance of claiming retention is quite slim.

Courts in China are known to favour females over males when it comes to divorce, so if your case was defeated twice in China, something has to have gone very wrong. Making it worse, you have chosen not to attend the court. Asking your parents to resolve a marriage issue is simply not an option in court.

He can report you regardless of your marriage status in China. Your residence permission condition clearly says you have to live with him together in Ireland and you need to report to INIS within 7 days of separation, neither of which you had obeyed. Therefore you have violated your condition since 2016 and have illegally stayed in Ireland up to now. Whether he will do so or not is up to him and up to your relationship.

You might be able to claim your residence based on your child, if your child is an Irish citizen. At least I think you have a better shot from this angle rather than claiming retention which you are not entitled to.

I’m not a solicitor so don’t take my words for it. You would need an experienced solicitor to find any evidences that might help your case.

[Granista]

You say your visa is ok now, but how is that? On what basis are you residing in the State? If its as the spouse of a citizen who you havent said is not here, your "visa" (you mean residence permission) is not ok at all.