Seperation Question, please help the good guy for once

[Confuded_31]

*****Before I start, I honestly can’t remember it I ever registered on here with a different email/username, maybe back in 2008, but as far as I can remember, I did not ever ask for assistance on here.*****

So, I am looking for some advice:


I am a South African citizen

She is Polish

We met in USA in 2002, worked at same place for few months, and had a whirlwind romance for few months.

Than, in 2003 we both moved to the UK



Lived together as a couple in UK from 2003 – 2005 (Have a lot of paperwork to prove this, joint bank accounts, payslips, Tenancy agreements, Plus many photos, as we travelled a lot all over the world.

Got married Nov 2005 in South Africa
Have all relevant paperwork plus many photos of wedding/ honeymoon

Feb 06 Came to Ireland

April 07, got EU Stamp 4 valid till 2012

Now, in April 08 on my 29th Birthday, I caught her in bed with another guy.
Now let me tell you, my birthday will never be the same

So, after some discussion, we split up.

We are now separated.
approx seperation date May/June 2008
As in living apart, informed tax office, don’t have joint bank accounts anymore, etc
We had no kids, dept etc, so a nice clean breakup, if i can call it that

As I am not sure is we are legally separated, as no solicitors were involved, but we still have contact, with no hard feelings, as she told me she just did not love me anymore. Sh*t happens


I Never been in trouble in UK or here with Police/Guards
Were in same full time employment since I came to Ireland
Never claimed anything from any Government ever.

So, now, come 2010, and my stamp expires, what happens next?

Pleae let me know if you need any further information.

[iluvireland]

hello confuded,
just one thing i can say is you need her until you get LR. SO keep good relation with her until then,,,YOU know the mean. if YOU say DOJ you are separete or divorce.....every thing will STOP. SO calm until you get LR.

[walrusgumble]

hello confuded,
just one thing i can say is you need her until you get LR. SO keep good relation with her until then,,,YOU know the mean. if YOU say DOJ you are separete or divorce.....every thing will STOP. SO calm until you get LR.

No you do not!!!!! Better off going to a solicitor and sorting it out via Artilcle 12-13 of the Directive 2004/38 EC. In your case provide all evidence of relationship including other countries, looks like as you were not an asylum seeker there won't be much suspicion!

THis man is not living in this State on the basis that he was given permission ie in valid relationship with wife. Look do not worry, you can sort this out on your own account!(hopefully you are working)

You will get more hassle if you are caught lying!

You need to prove that you are living as husband and wife and prove that she has exercised her eu rights in ireland for the past 5 years to even be considered to get permanent residency, once you have this then automatically one is entitled to pr

Basically, where you can show a relationship of 3 years (be it marriage / register partnership) and resided in the host state for at least 1 year, (remember you lived in the UK) you maybe able to continue with your status despite divorce / end of marriage (remember, your marriage has not disolved yet)

[Obie]

I think the starting point is obtaining a legal seperation, as the department has acknowledged the divorce system in Ireland is such that, it would be incompatible with the directive, in regards to Family member who have retained their right of residence, if a legal seperation, was not considered/accepted as divorce, for the purpose of applying the conditions of the directive.

Once you have obtained the above, you can commence to applying to maintain your residence in your right.

[Confuded_31]

Ok, so we both are and were in full time employment since we came to Ireland



[quote]No you do not!!!!! Better off going to a solicitor and sorting it out via Artilcle 12-13 of the Directive 2004/38 EC. In your case provide all evidence of relationship including other countries, looks like as you were not an asylum seeker there won't be much suspicion!

THis man is not living in this State on the basis that he was given permission ie in valid relationship with wife. Look do not worry, you can sort this out on your own account!(hopefully you are working)

You will get more hassle if you are caught lying! [/quote]

Not sure if i follow you here,
Do u mean, if i do not inform Goverment that we are seperated ?

I dont follow this comment on Hopefully i am working?

I got my EUStamp4 on the basis that we were a married couple, we onlt got seperated 1 year later

[walrusgumble]

I think the starting point is obtaining a legal seperation, as the department has acknowledged the divorce system in Ireland is such that, it would be incompatible with the directive, in regards to Family member who have retained their right of residence, if a legal seperation, was not considered/accepted as divorce, for the purpose of applying the conditions of the directive.

Once you have obtained the above, you can commence to applying to maintain your residence in your right.

That's true, but its all fine and well if its a legal separation (an agreement enforceable by both parties and they don't go to court) but if its a judicial separation, ( most common form) it can take up to 1 year to get it through the courts (now I can't say for certain, how long where there is nothing in dispute)

The man's current status expires soon. It may not be good to play along now claiming to be validly married and in a subsisiting marriage and then when making the application clearly stating when their marital problems started and when they moved out. Yes your right obie, the legislation is crystal clear it means divorce!

I say it won't neccessarily matter if the legal separation is entered into or not. If his status is expiring soon, better off sorting it out now. He should be fine. ( I say this only because, the status expires soon, they have to make a decision within 6 months or a reasonable time - ie near 6 months, he may not get the wife to cooperate and pretend that they are living together, the facts of his case, at some point will be made known by him to the Minister, he should not come across as dishonest) Now of course, if his wife does agree to help fine, but make sure ye have evidence in hand in case you need it. Moreover, you wanna keep her sweet as she might have tendancy to threaten going to the department later.

Point I am making, you can invoke the Directive to help you on your own grounds after a certain period

You can say you are going through the process of family law litigation.

[walrusgumble]

Ok, so we both are and were in full time employment since we came to Ireland

No you do not!!!!! Better off going to a solicitor and sorting it out via Artilcle 12-13 of the Directive 2004/38 EC. In your case provide all evidence of relationship including other countries, looks like as you were not an asylum seeker there won't be much suspicion!

THis man is not living in this State on the basis that he was given permission ie in valid relationship with wife. Look do not worry, you can sort this out on your own account!(hopefully you are working)

You will get more hassle if you are caught lying!

Not sure if i follow you here,
Do u mean, if i do not inform Goverment that we are seperated ?

I dont follow this comment on Hopefully i am working?

I got my EUStamp4 on the basis that we were a married couple, we only got seperated 1 year later

The point was, and correct me here, you have status in this country because you are married/a de facto partner to an eu national who is exercising her rights in Ireland. You are expected to remain married (thats the easy bit) and expected to be in a subsisiting relationship (that does not neccessarily mean always living under the same roof, even Irish family law acknowledge that) It appears there maybe no basis for you to say that you are in a married life now, sadly. What I mean, is that if renewing, you could not, from what you are saying here, say in honesty, that you are living with your wife now or at time of renewal. The is more interested in subsisting marriages. However, at the same time, even if you did go to the gnib to renew and because you were not an asylum seeker here and because you lived with your wife in other countries, you would possibly get away with it and nothing would asked.

With regard to me asking if you and wife were working. In order for your wife to be safe and have rights to family reunification, she needs to be exercising her eu rights eg, working/self employed, student with insurance, non economic with insurance. If you are working, it would be rather hard to refuse you on your own account and strengthen your case - ie you have lived here, work here, marriage break down not your fault etc. It will give the minister very little grounds to say no or threaten you. I am hoping all is well as the economy is bust. (nothing sinister here)

Just have a word with a qualified and experienced immigration solicitor or immigration council. You should be ok