scow wrote:hi guys
my friend (non eu ) has been married to an eu citizen for the last 4 years,during which they exercised the treay right,he got stamp 4 eu till 2012, now things r not ok between them,they get seperated life,but didnt get legally seperated or other legal things,they want to minmise the impact of seperation on both of them, current situation is as follow, they want to reflect this matter on their tax ,so she will continue recieving her social welfare payment,and he will be free to look for job, they dont want in every form to go to each other to sign or write their income,or stamp it from his her employer,what is the best way to do so.
thank you
First off, the department, under Irish guidelines expect that the non EU citizen informs them of their separation. Because they are to live apart, the non eu person will in all likihood get to retain a stamp 4. However, the Irish authorities when interpreting the relevant artilce seem to insist on legal separation, divorce and annulment (bit ridiculous considering the lenght of time it takes for divorce to come through) What I mean here is, under the relevant artilce, the time still counts for permanent residency under Irish law.
THe non eu spouse will hold the status on her own grounds, and the EC Treaty will no longer be relevant ie now she will fall under Irish law. So she will need to make sure that the non eu is crime free and working/education.
As for social welfare, the non eu would want to be very careful. As she will no longer fall under EU when she informs the authorities of her change of status, or when she renews her status (assuming that she won't lie and pretend that she is still in a substing marriage as oppose to a legal marriage) it would be advisable that she / he is working and not relying upon social welfare - after all citizenship application will be effected (3 year rule) If the non eu spouse is not working, she could though unlikely, face difficulties in renewing. That by the way is not saying the non eu spouse is not entitled to social welfare by the way, but it might effect his / her status.
Could you give brief details regarding the social. Are they both working? If the non eu spouse is not, can they issue family law proceedings for maintenace in order to avoid relying on certain socials (not referring to unemployment benefit etc)
One way or another it would be important, if the marriage is detained for an end, to inform the relevant revenue, social etc bodies of the change of circumstances eg tax brackets marriage and seperated.
