Dear, Members
Can someone comment on my topic and situation plz?
I was married in ireland in 2008 got eufam
Than married to in my home country in 2010 now im irish citizen and divorced with eu citizen now I would like to sponsor my wife from non eu country does her application going to be refused according to family reunification topic below because I am curious that I was married in home country at the same time as I was here.
Thanks for reading my topic
20.1 A sponsor who is joined by a spouse/partner in Ireland will, in the event of the termination of the marriage or civil partnership (by divorce or dissolution), be ineligible to be joined by a further spouse or partner until a minimum 7 years have elapsed from the date of the first spousal permission. This 7 year waiting period will also be applied where the sponsor was him/herself granted permission to reside in Ireland as the non-EEA spouse/partner of an EU national exercising their rights of free movement. Where there are reasonable grounds to suggest that the earlier marriage or partnership was one of convenience further permissions may be refused even where the periods set out above have been exceeded.
20.2 Cases will arise where a prospective sponsor remains legally married to one person while in a de facto relationship with another. In general the expectation would be that the parties would have obtained a divorce but this is not always possible for various reasons. While the circumstances of each case need to be examined on their merits it is proposed as a general rule that the 7 year time limit set out above would apply in these cases also. In addition, the sponsor would be required to furnish documentary evidence of legal separation. The qualification period for the de factor partner would commence not from the commencement of the new relationship but from the date of the evidence of separation.
20.3 Irish law does not recognise polygamous marriage and indeed a potentially polygamous marriage is not without difficulty. Therefore, an application for spousal family reunification involving a sponsor who is married polygamously (under the laws of another state, albeit that the union is not recognised in Ireland) will be rejected.
Where a sponsor is
Page 57 of 71 married to one person only but the marriage is potentially polygamous given the capacity to contract a subsequent marriage, the spousal application may be permitted but subject to the proviso that no subsequent marriage contracted while the first union is subsisting will have any recognition for immigration purposes even in the event of the sponsor subsequently obtaining a divorce from the earlier spouse.
20.4 All marriages must be legally contracted, freely entered into and with both parties free to marry at the date of the marriage. The marriage must also be capable of recognition under Irish law for other purposes outside of the immigration system.
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