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EUFAM

Forum to discuss all things Blarney | Ireland immigration

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frmenino88
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Posts: 6
Joined: Thu Jun 06, 2024 12:15 am
Ireland

EUFAM

Post by frmenino88 » Thu Jun 13, 2024 3:53 pm

Please, need an advice. I am Brazilian woman who married EU citizen in October 2022 (1 year and 7 months). I got my Stamp4 EUFAM last August(10 months) granted for 5 years. The things are not going well. We are not together anymore and he has moved to live in another house.
My questions are:
1.What will happen if we don´t divorce till my Stamp expire, will I can renew it without him?
2.What will happen If he files for divorce?
3.What will happen if he inform the immigration that the relationships is broken down, we are separated and we don´t live together anymore?
4. What will happen if he leaves the country as he mentioned that he might move to live in another county next month?
Can he make anything to revoke my resident permission before it´s expired itself?
I don´t have any of his documents and we did not have bank accounts together.
Other thing, we got married in Denmark, can he divorce me from there faster than in Ireland as here we need to be separated for 2 years fist before we can divorce?

Thank you in advance for any help.

Angel99
Member of Standing
Posts: 313
Joined: Tue Aug 01, 2023 7:04 pm
Ireland

Re: EUFAM

Post by Angel99 » Thu Jun 13, 2024 5:32 pm

Hi,

The simple answer is since your marriage hasn't lasted for atleast 3 years, after divorce with your EU spouse you will loose all your EU privileges and your stamp 4 EUfam will be revoked unless you have a child or there is proof of domestic violence.

Contact a solicitor to know your next steps before your stamp is revoked.

frmenino88
Newly Registered
Posts: 6
Joined: Thu Jun 06, 2024 12:15 am
Ireland

Re: EUFAM

Post by frmenino88 » Thu Jun 13, 2024 5:40 pm

Here in Ireland takes 2-3 years to divorce. My question is what’s gonna happen if he leaves the country or he inform that we broke up and don’t live together.

Angel99
Member of Standing
Posts: 313
Joined: Tue Aug 01, 2023 7:04 pm
Ireland

Re: EUFAM

Post by Angel99 » Fri Jun 14, 2024 5:30 am

Yes you have to inform the EUTR department when living separately. If he lives the country you have to inform them also. They can choose to either let you maintain your stamp since he abandoned you in the state but still his spouse or put you on review and revoke it if you have no good reasons to stay.

frmenino88
Newly Registered
Posts: 6
Joined: Thu Jun 06, 2024 12:15 am
Ireland

Re: EUFAM

Post by frmenino88 » Fri Jun 14, 2024 1:47 pm

What is considered as good reason to stay?

AlmostIrish_111
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Posts: 48
Joined: Wed Apr 05, 2023 4:41 pm
Ireland

Re: EUFAM

Post by AlmostIrish_111 » Fri Jun 14, 2024 7:33 pm

There are no publish guidelines on what would be considered good reason to allow a person to keep their EU FAM.

What has been seen in past posts on this forum is that ISD officer are quite "by the book" on these situations and will check the minimum requirements to allow for the applicant's retention of Stamp 4EUFAM, which from what you said so far you don't seem to fit minimums:
A. Divorce or annulment of marriage
To retain a right of residence after divorce or annulment of marriage or annulment or dissolution
of a civil partnership under Regulation 10 of the Regulations of 2015 an applicant must meet one
of the following criteria.
i. Prior to initiation of the divorce, annulment or dissolution proceedings, the marriage or recognised civil partnership lasted at least three years, including one year in the State, and the EEA national was exercising their EU Treaty Rights in the State at the time that the decree of divorce, annulment or dissolution was made.
ii. The applicant must have custody of the EEA national’s children by agreement between the applicant and the EEA national, or by court order.
iii. The applicant has the right of access to a minor child, provided that the court has ruled that such access must be in the State and for as long as is required.
iv. The retention of such right of residence is warranted by particularly difficult circumstances, such as the applicant having been a victim of domestic violence while the marriage or civil partnership was subsisting.

B. Death of the EEA national
To retain a right of residence under Regulation 9 of the Regulations of 2015 after the death of the EEA national, an applicant must meet the following criteria.
i. The applicant must have resided in the State with the EEA national for at least one year prior to the death of the EEA national, and
ii. The applicant must be employed or self-employed in the State, or possesses sufficient resources to support himself or herself and any dependants
OR
iii. If the EEA national’s children, being resident in the State, are enrolled in an educational establishment in the State for the principal purpose of following a course of study there, then the children and the parent who has actual custody of the children will be entitled to reside in the State until the completion of the course of study.

C. Departure of the EEA national from the State
Where the EEA national has left the State and his or her children, being resident in the State, are enrolled in an educational establishment in the State for the principal purpose of following a course of study there, then the children and the parent who has actual custody of the children will be entitled to reside in the State until the completion of the course of study.
The reality is that you need to inform the immigration office about your change in situation, and perhaps check with a solicitor on your options.
The immigration office carries routine checks which would be able to flag that your former spouse no longer lives in the country, or at the same home as you, which would trigger an evaluation of your current permission to be in Ireland.

frmenino88
Newly Registered
Posts: 6
Joined: Thu Jun 06, 2024 12:15 am
Ireland

Re: EUFAM

Post by frmenino88 » Fri Jun 14, 2024 7:37 pm

Thank you very much for this reply. So my only chance to stay in Ireland is to get work permit visa or student visa?

AlmostIrish_111
Newbie
Posts: 48
Joined: Wed Apr 05, 2023 4:41 pm
Ireland

Re: EUFAM

Post by AlmostIrish_111 » Fri Jun 14, 2024 8:16 pm

I am not a solicitor, so I can't give you certainty on how your case would be processed.

You could seek to prove that you have never been an undue burden on the State and have sufficient resources to not become one, as well as prove that your stay would be beneficial to the Irish State, but this is all very theoretical.

My humble suggestion is for your to look at the conditions for other visas, and if you have the means for it, consult an immigration solicitor.

Angel99
Member of Standing
Posts: 313
Joined: Tue Aug 01, 2023 7:04 pm
Ireland

Re: EUFAM

Post by Angel99 » Sat Jun 15, 2024 9:23 am

frmenino88 wrote:
Fri Jun 14, 2024 1:47 pm
What is considered as good reason to stay?
The advisor just gave you some of the good reasons but most are irrelevant to your situation.

The problem is, it might be hard for you to get a work permit unless the employer really considers your situation and agrees to sponsor you before your stamp is reviewed.

If you are already pursing a long term course (Degree/Masters) before your stamp 4EUFAM is revoked, can be a reason to consider you for a stamp 4.

Disability can also be a reason to remain.

Contact the EUTR department after your spouse leaves the state to give you the upper hand as being abandoned in the state. If you contact before, they might suggest you depart with him.

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