stamp4EuFam lost after divorce? can i live normally here?

[rainnerman1]

if i get divorce, whats happening with my visa status, in the moment i
have stamp4EuFam, my married has 1 year, my stamp visa is valid to 2014 i have little daugther,
she is EU has passport but she is not irish,
i can still continue in ireland? working and living normally? i have full time job, pay my taxes and
help with the baby things, my wife she have no job.

[Malika]

if i get divorce, whats happening with my visa status, in the moment i
have stamp4EuFam, my married has 1 year, my stamp visa is valid to 2014 i have little daugther,
she is EU has passport but she is not irish,
i can still continue in ireland? working and living normally? i have full time job, pay my taxes and
help with the baby things, my wife she have no job.

Since your wife is not exercising her EU Treaty Rights ( i.e not in education, not working), this could be a problem combined with a divorce in 1 year. if you were married for more than 3 years, you might get residency on your own right. What happens when the time comes to renew your residency?

How long has the child been resident in Ireland? going to School? I think as you are involved in the child's life, you will still get residency. I am not 100% sure. the Zambrano ruling seem to be for non-EU parents of EU child who is resident in country of nationality.
I hope someone better informed can give you advice.

Regards,

[rainnerman1]

but my wife she is EU citizen, thas apply as well?

the baby has 4 months and born here in ireland.

if i get divorce, whats happening with my visa status, in the moment i
have stamp4EuFam, my married has 1 year, my stamp visa is valid to 2014 i have little daugther,
she is EU has passport but she is not irish,
i can still continue in ireland? working and living normally? i have full time job, pay my taxes and
help with the baby things, my wife she have no job.

Since your wife is not exercising her EU Treaty Rights ( i.e not in education, not working), this could be a problem combined with a divorce in 1 year. if you were married for more than 3 years, you might get residency on your own right. What happens when the time comes to renew your residency?

How long has the child been resident in Ireland? going to School? I think as you are involved in the child's life, you will still get residency. I am not 100% sure. the Zambrano ruling seem to be for non-EU parents of EU child who is resident in country of nationality.
I hope someone better informed can give you advice.

Regards,

[Malika]

but my wife she is EU citizen, thas apply as well?

the baby has 4 months and born here in ireland.

if i get divorce, whats happening with my visa status, in the moment i
have stamp4EuFam, my married has 1 year, my stamp visa is valid to 2014 i have little daugther,
she is EU has passport but she is not irish,
i can still continue in ireland? working and living normally? i have full time job, pay my taxes and
help with the baby things, my wife she have no job.

Since your wife is not exercising her EU Treaty Rights ( i.e not in education, not working), this could be a problem combined with a divorce in 1 year. if you were married for more than 3 years, you might get residency on your own right. What happens when the time comes to renew your residency?

How long has the child been resident in Ireland? going to School? I think as you are involved in the child's life, you will still get residency. I am not 100% sure. the Zambrano ruling seem to be for non-EU parents of EU child who is resident in country of nationality.
I hope someone better informed can give you advice.

Regards,

Ok, I get it now but you didn't mention that in your original post. how long has your wife been resident in Ireland? Was she working before? you say your child is EU citizen wasn't she eligible for Irish passport as well?

These are some extracts as per Zambrano ruling:
a right of residence in the Member State of residence and nationalityof those children

First it is important to state that this judgement applies only where the child is a citizen.

http://www.justice.ie/en/JELR/Pages/PR11000019

[rainnerman1]

yes my wife she is EU citzen, she live in ireland more than 6 years, but in these years she move for her country and go back as well, so
now she already contium in ireland since 2010, she has working in ireland in the moment receive job benefits from goverment.

my baby get automatic EU passaport from her country Poland, but my wife said my baby not avaible to get irish passport because my wife need be 3 years
continum in ireland for that.

so i am not european but my wife she is, so i get the stamp4EUfam because my wife have rigths here in ireland, the imigration check everything we wait
6 months for receive my stamp.

the Zambrano both parents it is not european correct?

but my wife she is EU citizen, thas apply as well?

the baby has 4 months and born here in ireland.

if i get divorce, whats happening with my visa status, in the moment i
have stamp4EuFam, my married has 1 year, my stamp visa is valid to 2014 i have little daugther,
she is EU has passport but she is not irish,
i can still continue in ireland? working and living normally? i have full time job, pay my taxes and
help with the baby things, my wife she have no job.

Since your wife is not exercising her EU Treaty Rights ( i.e not in education, not working), this could be a problem combined with a divorce in 1 year. if you were married for more than 3 years, you might get residency on your own right. What happens when the time comes to renew your residency?

How long has the child been resident in Ireland? going to School? I think as you are involved in the child's life, you will still get residency. I am not 100% sure. the Zambrano ruling seem to be for non-EU parents of EU child who is resident in country of nationality.
I hope someone better informed can give you advice.

Regards,

Ok, I get it now but you didn't mention that in your original post. how long has your wife been resident in Ireland? Was she working before? you say your child is EU citizen wasn't she eligible for Irish passport as well?

These are some extracts as per Zambrano ruling:
a right of residence in the Member State of residence and nationalityof those children

First it is important to state that this judgement applies only where the child is a citizen.

http://www.justice.ie/en/JELR/Pages/PR11000019

[Malika]

I think Zambrano applies to an EU state where a child is born and resident while also holding Nationality of such state. As you have mentioned your child has Polish passport but is resident in Ireland. I gave you a link with the Zambrano ruling:

http://www.justice.ie/en/JELR/Pages/PR11000019

My understanding is that you have to be a non-eu citizen of an Irish born child citizen not just any other EU country but specifically Ireland.

[agniukas]

zambrano in ireland applies only when the child ir irish. Since your child is polish, you could get residency based on zambrano in poland only.

if you wife is not exercising her eu treaty rights (working or studying), then you do not have the right to stay here. that will be the case when you apply for retention following divorce or renewal of your permission after 5 years. also EUTR can do random checks and your permission can be revoked if the EU citizen is not exercising EU treaty rights and you didnt notify the department of the change in circumstances.

[rainnerman1]

ok she is not exercising her eu treaty rights (working or studying), but i am working full time, and she and my baby need me for survive.

thats apply or no make sense? the goverment can separate a child from his father?

thanks.

zambrano in ireland applies only when the child ir irish. Since your child is polish, you could get residency based on zambrano in poland only.

if you wife is not exercising her eu treaty rights (working or studying), then you do not have the right to stay here. that will be the case when you apply for retention following divorce or renewal of your permission after 5 years. also EUTR can do random checks and your permission can be revoked if the EU citizen is not exercising EU treaty rights and you didnt notify the department of the change in circumstances.

[Malika]

ok she is not exercising her eu treaty rights (working or studying), but i am working full time, and she and my baby need me for survive.

thats apply or no make sense? the goverment can separate a child from his father?

thanks.

zambrano in ireland applies only when the child ir irish. Since your child is polish, you could get residency based on zambrano in poland only.

if you wife is not exercising her eu treaty rights (working or studying), then you do not have the right to stay here. that will be the case when you apply for retention following divorce or renewal of your permission after 5 years. also EUTR can do random checks and your permission can be revoked if the EU citizen is not exercising EU treaty rights and you didnt notify the department of the change in circumstances.

It might not make sense but laws are there for a reason.
I hope you have understood that you have no legal basis for residency under Zambrano ruling because your child is a Polish citizen.
Working full time and providing for your family is well and good but don't you think you are in breach of EU Treaty Rights because clearly your wife is not exercising them. I also didn't understand you in the earlier post about your wife.......did you say she's claiming welfare? what kind of payment?

Regards,

[rainnerman1]

yes, she is get social welfare because have no job. that can be exercising her eu treaty rights ?

she will get payment for or baby as well.

thanks for explain me all questions.

ok she is not exercising her eu treaty rights (working or studying), but i am working full time, and she and my baby need me for survive.

thats apply or no make sense? the goverment can separate a child from his father?

thanks.

zambrano in ireland applies only when the child ir irish. Since your child is polish, you could get residency based on zambrano in poland only.

if you wife is not exercising her eu treaty rights (working or studying), then you do not have the right to stay here. that will be the case when you apply for retention following divorce or renewal of your permission after 5 years. also EUTR can do random checks and your permission can be revoked if the EU citizen is not exercising EU treaty rights and you didnt notify the department of the change in circumstances.

It might not make sense but laws are there for a reason.
I hope you have understood that you have no legal basis for residency under Zambrano ruling because your child is a Polish citizen.
Working full time and providing for your family is well and good but don't you think you are in breach of EU Treaty Rights because clearly your wife is not exercising them. I also didn't understand you in the earlier post about your wife.......did you say she's claiming welfare? what kind of payment?

Regards,

[Malika]

yes, she is get social welfare because have no job. that can be exercising her eu treaty rights ?

she will get payment for or baby as well.

thanks for explain me all questions.

ok she is not exercising her eu treaty rights (working or studying), but i am working full time, and she and my baby need me for survive.

thats apply or no make sense? the goverment can separate a child from his father?

thanks.

zambrano in ireland applies only when the child ir irish. Since your child is polish, you could get residency based on zambrano in poland only.

if you wife is not exercising her eu treaty rights (working or studying), then you do not have the right to stay here. that will be the case when you apply for retention following divorce or renewal of your permission after 5 years. also EUTR can do random checks and your permission can be revoked if the EU citizen is not exercising EU treaty rights and you didnt notify the department of the change in circumstances.

It might not make sense but laws are there for a reason.
I hope you have understood that you have no legal basis for residency under Zambrano ruling because your child is a Polish citizen.
Working full time and providing for your family is well and good but don't you think you are in breach of EU Treaty Rights because clearly your wife is not exercising them. I also didn't understand you in the earlier post about your wife.......did you say she's claiming welfare? what kind of payment?

Regards,

She is not exercising her treaty rights by claiming welfare, (she's supposed to be working or studying) that's a no no.......If she were working, she could've been entitled to family income supplement which is allowed. you claim you work full time to support then why does she claim welfare when it adversely affects you?
Child benefit is a universal payment so no problem there at all.

Regards,