ANY examples of Retention of Residence following divorce?

[Directive/2004/38/EC]

The non-EU family member of an EU citizen can, in theory, retain their right of Residence in Ireland if they:
(1) Have a Residence Card
(2) Have been married at least 3 years, of which 1 year was together in Ireland, before the initiation of divorce

Does anyone know of anyone who has retained their right of residence in this way, and on this basis applied for PR?

I think it is impossible to do this in Ireland. So I suspect there are a grand total of zero people in this situation in Ireland.

But I would enjoy to be proven wrong!

[Dublin3232]

before the initiation of divorce


I would like to know what thet means?

[Tandor]

before the initiation of divorce


I would like to know what thet means?

Before they applied for divorce proceedings.

So in this case it means they have to have been, before they applied for a divorce, married for 3 years and 1 of those 3 they must have lived in Ireland.

[ImmigrationLawyer]

Yes I have a client who got this (after waiting a long time on appeal). couple separated but no divorce or judicial sep proceedings initiated. Got 5 years tho, not permanent residency.

[Obie]

Yes I have a client who got this (after waiting a long time on appeal). couple separated but no divorce or judicial sep proceedings initiated. Got 5 years tho, not permanent residency.

It is interesting that you succeded in winning a Retention of right case without a divorce. According to my understanding their should have been a divorce before the question of retention comes in. Once someone has retained their rights of residence, they will acquire PR. Basically, time spent as family members, and former family member will count towards the 5 years continuous residence for PR.

[ImmigrationLawyer]

Well you can argue that the Regs/directive do not make sense if the person only retains the rights after divorce and not separation, especially in Ireland where there is such a long waiting period. That would be illogical. Also argue that the constitutional protection of marriage means that a person could not be removed from the State whilst there is a prospect of reconciliation with his or her spouse!

[Directive/2004/38/EC]

Well you can argue that the Regs/directive do not make sense if the person only retains the rights after divorce and not separation, especially in Ireland where there is such a long waiting period. That would be illogical. Also argue that the constitutional protection of marriage means that a person could not be removed from the State whilst there is a prospect of reconciliation with his or her spouse

I agree. Another way to think about this is that Article 13 of the Directive was not effectively transposed into national law, since when combined with national law about divorce, it is virtually impossible to be divorced within the 5 years of initial residence.

[ImmigrationLawyer]

Yes I think that's a good point. I wish I could bring a test case to the High Court on this, let me know if you know anyone who was refused!