- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
I am presuming you do not have children.zuzihassi wrote:My card will expire in 2012.. anyway we gonna be divorced soon i guess. She is not living in ireland now. She moved home. How its gonna be after divorce? Thx
I am not sure this works.Muttsnuts wrote:I am presuming you do not have children.zuzihassi wrote:My card will expire in 2012.. anyway we gonna be divorced soon i guess. She is not living in ireland now. She moved home. How its gonna be after divorce? Thx
If you divorce, you will need to rely on Article 13 and this requires that hte marriage lasted at least 3 years. Will you reach 3 years before your next EU FAM Card renewal date?
I would suggest that there is an argument to be made that if the OP has a subsisting marriage of 3 years then he should be at least able to apply for permission to remain in his own right on that basis, even if the spouse has left the State. It will most likely result in a refusal but he doesn't have much any other choice other than a Section 3 type application based on national law which is going to take 18 months and will result in a deportation order anyway.Directive/2004/38/EC wrote:I am not sure this works.Muttsnuts wrote:I am presuming you do not have children.zuzihassi wrote:My card will expire in 2012.. anyway we gonna be divorced soon i guess. She is not living in ireland now. She moved home. How its gonna be after divorce? Thx
If you divorce, you will need to rely on Article 13 and this requires that hte marriage lasted at least 3 years. Will you reach 3 years before your next EU FAM Card renewal date?
The wife is no longer resident in Ireland. So it is not clear the OP is legally resident in Ireland, even if still married.
Or do I not understand something?
Try" to ask to wait until September" ; to wait until 3 years and then she can break up with you? Should you not be more interested in trying to save your marriage instead as oppose to making sure that you fail within the legislative protections?zuzihassi wrote:hello guys, i have prob. or will have soon. Im from Pakistan and married with Eu woman, we knew each other 5 years and almost 3 years we are married. But year ago she left me and she wants divorce now. I will try to ask her to wait till september, its gonna be 3 years since we married. My question is, how its gonna be after divorce? How to apply to stay in Ireland? And whats gonna happen with me while waiting for decission if i can stay? Im confused now. Im working in Ireland, not depends on social money or something and i can proove we had proper marriage till she found somebody else. Thanx for any advice or expirience.
From my study of european law and family law, you have no problems in renewing your leave to remain based on the subject fact that, your marriage has lasted for 3 years which met the european regulation on marriages validity to maintain your legal right, while divorce of marriages must meet the statute limitations of 4 out of 5 years for court to grant a decree of divorce in ireland.zuzihassi wrote:hello guys, i have prob. or will have soon. Im from Pakistan and married with Eu woman, we knew each other 5 years and almost 3 years we are married. But year ago she left me and she wants divorce now. I will try to ask her to wait till september, its gonna be 3 years since we married. My question is, how its gonna be after divorce? How to apply to stay in Ireland? And whats gonna happen with me while waiting for decission if i can stay? Im confused now. Im working in Ireland, not depends on social money or something and i can proove we had proper marriage till she found somebody else. Thanx for any advice or expirience.