Post
by dupalsky » Fri Sep 29, 2017 6:38 am
Hey there,
Your is a bit of a complicated one, I must say and there is still not enough info for me to give you enough answer as I would like.
The fact that you have been in a long time relation with your wife does not make any difference with the immigration, in this particular case.
Your status is strictly linked to your partner's status. In other words, you are only allowed to stay here because you partner is here. Under the eu treaty, this has to be so for a period of time( which depend on different circumstances) after which you would be allowed to get a stamp in your own status.
You are only allowed to hold a stamp in your own status under the below scenarios:
1) 5 years residency rule: if you have been living here and your eu partner exercised her right during your residence, then you could apply for permanent residency. All permanent residency are on ones status.
2) 3 years residency rule: if you are a non eu and are married to an eu citizen for 3 year and get divorced, you could apply for retention of your stamp. This means that, your status will cease to be linked to your wife's status. BUT! and this is very important, if you are married for 3year and was living outside the state(Ireland), you must reside here for at least one year within the 3years and your wife must have been exercising her right for you to qualify for this scenario.
3) Zambrono rule: allows you to stay in the state on the basis of your child, but under this rule, your child must be an eu citizen and do reside in the state for you to qualify under this rule and according to what I your message, she currently holds Sauth African passport at the moment.
Reading between the lines of the info you provided, I am not sure whether you qualify for any of these rule. But if I missed something from the info you provided, plz let me know.....
Dupalsky
Hello. I am a non EU-national married to a EU-national. We have been together for 7 years and married for 2 years and a few months. We have been living in Europe for 2 years and we have a child since 2011. We were partnered(Like a marriage) for about 4-5 years and now it is looking like divorce. Me and my daughter are both non-eu nationals with a EU Fam stamp 4 and have right to stay here till 2021. I am I allowed to stay in europe if we get a divorce and aswell if she takes my daughter am I allowed to stay to see my daughter?