Form EU5 after separation (not divorce)

[Cassiotheo]

Hi everyone,

Hope everything doing well.

Would be great if someone could help me with their experience or knowledge.

I was married to Italian national in June 2015 and due to many difficulties we decided to reside separately from August 2019.

My Stamp 4 EUFAM is valid till December 2020, I was thinking to apply for Form EU5 (Retention residence) without solicitors help.

Question,
1. Can I apply for form EU5 only with Separation Agreement? Form has mentioned divorce/annulment or Departure of EU partner from the country but not separation.
2. When is it suggested to start applying for EU5?
3. I have to renew my visa 6 month before expired date. What should I do?
4. If my ex decides to leave the country what happens with my visa?


P.S: Immigration was always updated for address change, relationship status.
We have a good relationship, we don't have children, and we agreed with everything about the divorce.
Just need to know what's gonna happen with my visa

Got Married: June 2015
Living separate from: Aug 2019
Legal Separation Agreement:
Stamp 4 expiry date: Dec 2020

Thank you.

[reachsid]

Hey,

I am on the same boat.

1. No, you can't apply for retention based on Separation document. Divorce decree required.
2. EU5 can be applied only after divorce or if the spouse has left the country.
3. I would recommend applying a divorce and then EU5.
4. If your EU spouse leaves the country without divorce then it might be a problem renewing the visa.

You're not eligible to apply for EU5, explanatory leaflet below

http://www.inis.gov.ie/en/INIS/Form%20E ... eaflet.pdf

[Cassiotheo]

Thanks for your help.
Can I ask few more things?

We registered our married in Italy. If I get divorced there first could it help me in my situation?
Should I communicate INIS?
So, I have no rights at all at the moment. Is that it?
We were together for more then 4 years.
I have to wait 2 years till I'm able to start the divorce processes. What's happens with my visa? Should I renew it next summer? But how?

Sorry about all those questions

Thanks again for your help