Stamp4EUFAM TO work permit Stamp 1

[finalversion_2k]

Hi All,

would anyone please help in below scenario.

I'm holding Stamp 4EUFAM from almost 4 years. our relation is almost finish and she want divorce.. Can I apply for work permit Stamp 1 as I'm working in IT from last last 5 years on 40+K?? I know there's ROR option open but as she wasn't working for almost 3 years so don't want to take any risk.


Thanks,
Kind Regards

[Mal111]

sorry stamp 4 holders can not change their status to stamp 1
please refer to inis website and search for (change of status)

[finalversion_2k]

Are you sure about this? I know and Agreed with you it's written on the Inis website.. but my solicitor suggest me to go for Stamp 1. she said Department of Justice and Department of Jobs Enterprise & Innovation are two different departments. if you are fulfilling their requirement they will not make any trouble for you, She also said she has this in Written from Department Of Jobs Enterprise & Innovation.

did anyone face similar issue??

[Mal111]

well I cant compare my opinion to a qualified immigration solicitor if she says she got in writing and confident then you should take her opinion into account.

[jul1]

check the requirements for retaining eu ights after divorce, if u were living together for 3 years here, than u initiate the divorce, than ur spouse moves out of the country than u can still have the stamp 4 eufam, that is the best u can have.

I think for the stamp 1 u have to leave the country and apply from outside, u dont want to do this

[finalversion_2k]

Thanks @Mal111

@Jul1 as I mentioned earlier that she wasn't working before She start working after when things stop working for us you can say last 6 months. I think that's one of requirement of ROR that she should be working. but rest of all I can cover as all this time period we both were medical insured, 10+K in just her account, utility bills, etc etc..

solicitor suggest go for work permit as in case if they refused, you will still have chance to try ROR.. but if you tried ROR and they refused then you will legally not eligible to apply for Work permit..

what are your thoughts now?

[petebig]

Hi All,

would anyone please help in below scenario.

I'm holding Stamp 4EUFAM from almost 4 years. our relation is almost finish and she want divorce.. Can I apply for work permit Stamp 1 as I'm working in IT from last last 5 years on 40+K?? I know there's ROR option open but as she wasn't working for almost 3 years so don't want to take any risk.


Thanks,
Kind Regards

Hi there,

I think it is very much possible. I have read in a document published by Department of Business, enterprise and Innovation (linked below). Here is the extract from the document (page 26) which answers your query

5.17.2 I am resident in the State as the holder of a Stamp 4/EUFAM Stamp 4 but my circumstances have changed - can I apply for an employment permit?

It is the event that a non-EEA national’s circumstances change (e.g. marital breakdown) and they are successful in obtaining immigration permission from the Department of Justice and Equality to remain in the State in their own right (Stamp 1), they are free to submit an employment permit application.

Full document: https://dbei.gov.ie/en/What-We-Do/Workp ... s-FAQs.pdf

Hope it helps.
All the best.

[finalversion_2k]

@petebig: thanks for the information.