IrishHusband wrote:Greetings,
I am an Irish husband married to an American woman. We married in Ireland about 4 years ago and have lived here up to now.
About a month ago she deserted me and left the family home. There are no children of the marriage. She has a Stamp 4 which expires at the end of the year.
I know that she is looking for work. My question is, will the fact that she has deserted me prevent her from getting a renewal of the Stamp 4 so that she would have to leave Ireland?
I don't think that Treaty Rights appy to this situation. So how do the Irish authorities deal with such cases?
Thanks,
Fred.
this is a tricky situation, particularily if you still have feelings for her.
the section that deals with this area is the Married to Irish National Section in the INIS. It is quite possible that when she goes to the GNIB (if in Burgh Quay - as for down the country hard to say) she probably be asked if her marriage is still in existance. from facts of the case, it appears not. the officer may request that you, as the citizen may have to accompany her to the office.
the following relates to where she would admit that the marriage has broken down
it is really 50 / 50 if she will be granted a renewal should she admit the marriage has broken down.
if there were children in the relationship and she resided in the State for a considerable length of time (ie 4 years) i would say that there was a 70/30 per cent case that she would be granted further status - (note case law from European Court of Human Rights) - in the words of the Minister it would be "in exceptional circumstances"
but there are no children, she still may status condsidering lenght of time in the state, particularily if she was working / looking for work, moreover as the marriage has not legally ended through seperation and or divorce, there is always the possibility of reconcilation. the officer may at least look to the nature of the relationship prior and durign the marriage (ie length of time married and together as a couple etc).
techincally, if she lived "legally" in ireland for three years, she could now make an application for citizenship, but you would have to sign the affidavit/declaration, dont know what the attitude of the deparmtent would be if they knew that the marriage was now broken down
one thing is for sure, if she was refused status, and told she would be deported, she would have to receive a letter known as a section 3 letter informing her of her options (ie leave now, make representations for leave to remain, allow a deportation order be made against her)
