seperation and rights?

[flatpack]

this is for one of my friend,

he got married to eu back in last quarter of 2007 but things didnt work out well and file seperation in first quarter 2009 and never notified doj and now his visa is expired and he has already applied for naturalisation about month ago. now some one said he can not apply for right to retain his visa, not sure if that is true? can some one shed some light on this matter? if you need more info i can get for you.
Thanks

[jeupsy]

Currently he is holding a Stamp 4 EUFam?

Have a look at section 7.A of this explanation leaflet, if he falls under one of the 4 categories he can retain his right of residence: http://www.inis.gov.ie/en/INIS/Form%20E ... eaflet.pdf

[flatpack]

jeupsy thanks for quick reply,
his visa expired few weeks ago. this is where problem is, as some one said to him he can not retain his rights once visa is expired.

he falls under this,
"i. Prior to initiation of the divorce or annulment proceedings, the marriage lasted at least three years, including one year in the State, and the EU citizen was exercising their EU Treaty Rights in the State at the time that the decree of divorce or annulment was made. "

[jeupsy]

I am not 100% sure but I think it is probably correct, since the residence card was not renewed the person probably ceased to be exercising EU Treaty Rights which means the law doesn't apply to them anymore.

Unless someone here know more about this, it might be worth sending an email to eutreatyrights@justice.ie to ask them to confirm though, or to see an immigration solicitor.