EEA Application & Stamp4 EUFam

madrogada77 · Post by **madrogada77** » Mon May 09, 2011 9:52 pm

I am posting this in two places as I am certain it applies to both Ireland and EEA route applications sections.

I am a South African married to an EU national (British) living in Ireland since 2006 on a stamp 4 with my two kids also on Stamp 4. My husband left in 2009 and we have been living apart since then but were still friends. I met up with the love of my life last year and we finally got together after being in love for 20 years. He is also an EU national. The problem is this:
Both of us are married to other people
My husband (dual EU & SAfrican citizen) is moving back to South Africa to his new girlfriend, probably in the next 3 months
My love of my life (dual EU & SAfrican citizen) is still married to his wife who lives in the UK
We would like to move to the UK to be closer to family & friends
Neither of us have anything in SA to go back to. I have been gone for nearly 5 years and he has been gone for 10 years

We intend getting divorced and married. In Ireland you have to be separated for four years, I canâ€™t wait for that because my Stamp4 (EUFam) runs out in April 2012 and will become illegal anyway when my husband leaves the country to go back to SA.

I also believe that I need to have been living with my husband exercising treaty rights for three years to qualify staying here on my own (that I do have) but.. I read that I need to be divorced to qualify for this (not 100% sure as it doesnâ€™t make sense) What I need to know is this:
Will we need to go to SAfrica to get married to get an EEA family permit to move to the UK?
Can we get married and apply immediately after?
Is there any way we can avoid going to SA and legally apply from here? I really donâ€™t want to break the law in any way.

Thank you.

madrogada77 · Post by **madrogada77** » Tue May 10, 2011 12:48 pm

Anybody have any advice? Really quite desperate..

Advice would be greatly appreciated

Post by **geriatrix** » Tue May 10, 2011 2:05 pm

1. To marry again, you need to be legally divorced.
2. You may marry anywhere in the world where you are legally allowed to do so. Country where the wedding takes place / marriage is registered is irrelevant to where you can apply for entry clearance / EEA family permit.
3. If your "stamp 4" will not allow you to remain in Ireland after your divorce, then you may not be able to apply for EEA permit from Ireland. See also Where to apply - the policy.

madrogada77 · Post by **madrogada77** » Wed May 11, 2011 8:41 am

sushdmehta wrote:1. To marry again, you need to be legally divorced.
2. You may marry anywhere in the world where you are legally allowed to do so. Country where the wedding takes place / marriage is registered is irrelevant to where you can apply for entry clearance / EEA family permit.
3. If your "stamp 4" will not allow you to remain in Ireland after your divorce, then you may not be able to apply for EEA permit from Ireland. See also Where to apply - the policy.

Thank you Sushdmehta, that is just what I was looking for.

miriam2 · Post by **miriam2** » Wed May 11, 2011 3:44 pm

/wheretoapply#20813060]Where to apply - the policy[/url].[/quote]

Pls I'm newbie but from what I have gathered so far from this forum you can apply for EEA permit at any visa issuing post....you don't have to be normally resident in that country to apply.PS the judgement on Metock.

Think that link is outdated.Deri pls alot of people myself inclusive rely on infos from this forum,lets be sure be4 we post an advice.Regards.

Post by **Directive/2004/38/EC** » Wed May 11, 2011 5:15 pm

How long have you been living with the love of your life? Do you have proof that you have been living together as a common-law-couple?

What has he been doing in Ireland?

madrogada77 · Post by **madrogada77** » Wed May 11, 2011 7:43 pm

Directive/2004/38/EC wrote:How long have you been living with the love of your life? Do you have proof that you have been living together as a common-law-couple?

What has he been doing in Ireland?

Hi,
Thank you for your help in the Ireland forum. He has been here since middle February but only started working this month. Only got a bill to the address last month so not much in the way of proof. We lived together many years ago and have photos of us together as long as 20 years ago but that is the only proof. No proof of actually residing together apart from an official letter from the Portuguese government in February and the two bills, one last month and one this month. At the moment we're thinking that if I can't get PR in Ireland and then get the divorces done and then going across the pond, that we would need to go to SAfrica to get things done quicker and then apply for the EEA permit to go to the UK.

Post by **Directive/2004/38/EC** » Wed May 11, 2011 8:43 pm

If you are living together, there is no fixed amount of time that is required, but typically UK and Ireland seem to say 2 years living together is needed. Having dated at some time in the past is likely not enough. You could fight this possibly, though it would require some time and effort.

I would tend to think that this is not viable basis for applying for an EEA FP.

madrogada77 · Post by **madrogada77** » Thu May 12, 2011 8:08 am

Directive/2004/38/EC wrote:If you are living together, there is no fixed amount of time that is required, but typically UK and Ireland seem to say 2 years living together is needed. Having dated at some time in the past is likely not enough. You could fight this possibly, though it would require some time and effort.

I would tend to think that this is not viable basis for applying for an EEA FP.

Thank you Directive/2004/38/EC. I thought as much. Hence the idea of getting divorced and married. Everything indicates that I would probably need to go back to SAfrica to get anything done

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EEA Application & Stamp4 EUFam

EEA Application & Stamp4 EUFam