- 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
For now, it should have no immediate impact on your residency; especially as you are working full time or of and performing your obligation to your child and the state ! The requirements, I think is that "you are able to show that you are a worker or self-employed person or that you have sufficient resources for yourself and their family members not to become a burden on the social assistance system of the host Member State duringAvi0905 wrote:Hi Guys,
Im really need some advice please.. My wife want the divorced from me and we are married only 1 years and 7 months. and have a baby son of 18 months. I hold a EUFAM stamp 4 till 2016.. We got married in June 2010.i want to know how is it going to affect my resident status. im working full time and she will be made redundant end of Feb. im giving maintenance to my baby aswell. Your help will be highly appreciate.
I dont think so. Based on:Avi0905 wrote:Thanks for the reply mate.
Well my marriage is not even 3 years..! Would this affect my residency??
[url=http://www.inis.gov.ie/en/INIS/SI656of2006.pdf/Files/SI656of2006.pdf][b]Retention of the right of residence by family members in the event of divorce, annulment of marriage[/b][/url] wrote: 10. (1) (a) Subject to subparagraph (b), a family member of a Union citizen who is a national of a
Member State may retain a right of residence in the State on an individual and personal
basis in the event of the Union citizen’s divorce or annulment of his or her marriage.
(b) Before acquiring an entitlement to permanent residence under Regulation 12, a family
member referred to in subparagraph (a) must satisfy one or more of the conditions
referred to in Regulation 6(2)(a)(i) to (iv).
(2) (a) Subject to subparagraph (b), a family member of a Union citizen who is not a national of a
Member State may retain a right of residence in the State on an individual and personal
basis in the event of the Union citizen’s divorce or annulment of his or her marriage.
(b) Subject to subparagraph (c), a right of residence referred to in subparagraph (a) shall only be
retained where the Minister is satisfied that -
(i) prior to initiation of the divorce or annulment proceedings, the marriage had lasted at
least 3 years, including one year in the State,
(ii) by agreement between the spouses, or by court order, the spouse who is not a
national of a Member State has custody of the Union citizen's children,
(iii) the retention of such right of residence is warranted by particularly difficult
circumstances, such as the spouse having been a victim of domestic violence
while the marriage was subsisting, or
(iv) by agreement between the spouses, or by court order, the spouse who is not a
national of a Member State 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
It may or may not affect you.Avi0905 wrote:Hi All,
Thanks for the response. Well the thing is that my wife have asked a safety order from me. Is that going to affect me?
The article says you need to be atleast married 3 years thus i'm only married 18months. So will i have to go back to my home country?
Looking forward to hear from you.
Regards,
Avi0905