A bit of complicated issue. Please help!

[dupalsky]

Hi Guys,

I am on similar situation as the post above.

I got married in 2011. My partner worked all through to 2014. He lost his job and was on unemployment until around first 3 or 4 months of 2015. He got a job in the Chech Republic and left Ireland. But he has always returned to Ireland since he left, Every 2 to 3 months.

Meanwhile, we did not have the slightest idea that his leaving the country could impact my residency nagatively. We recently became aware of this recently. Because of this, he has decided to open a register himself as a freelance self employed business person in Ireland as he is a computer programmer and can easily get clients in the Irish market for work. In fact, he has done some work for a few clients(like 3 people) so far in Ireland and has the receipt to prove it. Obviously, this is not enough income to proof that he can sustain a family. But I am on a €60,000 yearly salary and can take care of myself. Also, the bank account he is using for his self employed business is in both of our names.

My GNIB just expired this month and we have got an appointment for the 02/05. We are still putting all paper work together, although he can not find some of the documents needed e.g his P60 while he was working here is no where to be found, but we plan to send P21 as it shows all wages for the year.

We don't know how to go about this...... Any advice will be greatly appreciated

Thanks
dupalsky

[pukon_check]

Hi dupalsky
From your writing what I understand you are applying for EU-3 application.My understanding is about Eu 3 is as long as your spouse is with you and u can provide last 5 years address proff together and his last 5 years income you should be fine.now in your case you have most of the evidence to cover your application.and compare to previous years if you can't manage your current p60s just write a cover letter that he is working as free lancer and give tax registration letter.
The basic idea is once u and ur spouse together this app should come through..as soon as you apply you should get an acknowledgement letter and you can go to GNIB with appointment day and explain that u applied for Eu 3 and waiting for results..
They should give you an temp extension...
I did apply last year and got 10 years residency..
Actually it took only two weeks in my case ..
By the way you should of apply for this before the expiration of current GNIB of 6 months ..
Hope it helps
Let me no if I can assist any further help

[jul1]

The best is to argue that your spouse did not leave the country and you for forever, but it is only a temporary situation. But basically you are in a bad position, under eu treaty rights you only have rights to be here if your spouse is working/studying/residing with sufficient resources.
You could have apply for retained rights but for this after living here for 3 years together you should have initiate the divorce while still here, and than your spouse moved out from Ireland, than you would have your rights retained under eu treaty rights.
Your salary is good but again it only applies for residing with sufficient resources if you reside together here.
This eu treaty right is the 2004/38 freedom of movement directive, and is helping you to move TOGETHER, so wherever the eu citizen moves the direct family member can move WITH them.
Im surprised that you are not familiar with this, cause it seems that you applied on eu1 form and got your 5 years eu4fam card, and INIS is mentioning on all their letters that the onus is on you to report every change in your circumstance.
Try to argue with them, if you are really declined get an immigration lawyer, but the best would be if your partner would properly relocate himself to Ireland, cause he would exercise his treaty rights again.
Expect loads of hassle with your application.

[dupalsky]

We were thinking just not mentioning the fact that he left Ireland to work in another eu country as we still have bank account and bills and other proof of address here in Ireland. And for all intent and purposes, he wants to make Ireland his home, but he couldn't get a job here after he lost his previous one. We were even going for a mortgage.

Yes I did apply with eu1, but we thought that the updating them thing is just while the application is in process.

I have a good job here and I don't want to leave it to go to another country and start all over again.

[jul1]

Honestly i think your only chance - at least under eu treaty rights - is that your spouse will relocate to Ireland and starts to work, asap.
Ive seen in this forum few people in similar situation and they were refused by INIS for permanent resident card, or retention of rights.
Also you could leave the country and apply for work permit cause it seems you have a good job, but that is too risky, high risk for refusal, cause you will have a history of being here not legally, even though your eu4fam card still did not expired, without your spouse you dont have the rights to be here.
You will have to apply again on eu1 as eu3 would be refused for sure IMHO, but expect that eu1 will be refused as well and you have to appeal. You have to sort it out asap, cause a job with 60k a year wont employ you with expired eu4fam card.
Very likely you will need an immigration lawyer.