Is it legal for me to leave Ireland?

[steff]

Hi all!

I received some great help here before, so I will try once again!

My husband (non-EU) and I (EU) came to Ireland last summer. He applied for his Residence Card. During the process he has been charged with providing a fraudulent passport, naturally it has not been returned to him. There has not been a verdict yet, he keeps on getting new court dates.

In the mean time my family in my EU home country needs me to be present. I resigned from work, last day of work will be end of August 2015.

I prepared a letter to EU Treaty Rights Unit in Dublin to inform them about me leaving and ending my employment, saying that my husband needs to stay in Ireland as he can not travel with a open charge and without passport.

The question just occurred to me: Is it even legal for me to leave as the application is based on my employment in the first place? I have not been charged with anything, have not been invited to court dates etc. But still - I do not want to look like I am running away.

Any advice? Thanks a lot!

Steff

Just a quick edit: My husband and I are not thinking of separation or divorce.

[steff]

Anybody?

Would really appreciate a quick thought if its legal for me as EU citizen to return to my home country even if there is a court order against my husband related to his Stamp4Fam application.

Thanks guys, I am really grateful!

[adedayoh]

Hi,
Sorry bout ur husbands case, as the EU citizen u can go n come as u like but as u clearly know ur husbands application is based on u exercising those rights and if u are not working then he has no right under the directives.

It just means if u leave ur husband will be stuck in Dublin without a legal status and u might want to get a lawyer for the fake passport case.

Goodluck