Please Help!! spouse uncooperative on EU3 application

[lisey]

Hi all,
Any help would be highly appreciated. My 5 year EU Fam residency stamp will be expiring in the next 6 months and my spouse has declined any assistance in the renewal of my stamp because we have not been living together since last year due to lots of disagreements. He has relocated south side of the Republic where he is working, though I have the full custody of our two children. Our children were born here in Ireland with Irish passport.
I am due to apply for permanent residence, but he is very uncooperative, I will be grateful if I could be enlightened how to go about this. Next week will make it 5 years of residency. Your help is appreciated.

[CalvinKlien]

As your 2 children's are Irish citizens, you better to apply for Zambrano application. Your spouse would have nothing to do with your visa after that. You would only need your children birth certs (your name as a mother should be on the cert) + Their Irish passports...

Please see more details at:

http://www.inis.gov.ie/en/INIS/Pages/WP11000037

http://www.inis.gov.ie/en/INIS/Pages/WP11000038

http://www.nascireland.org/know-your-ri ... questions/

Good Luck

[lisey]

Hi,
Thank you for your response, I am indeed grateful and relieved. I have gone through the links sent to me and needing a little clarification please.
There are two parts to Zambrano application:
1: Information specific to persons who have no current right of residency
and
2:Information specific to persons who have an existing right of residency but wish to have their status upgraded to facilitate full access to employment

Any person who has an existing right of residency in the State, for example on the basis of Stamp 1 (work permit), Stamp 2 (students) or Stamp 3 (spouse or dependant) conditions, who wishes to have their status upgraded, in accordance with the principles of the Zambrano Judgement, to facilitate full access to employment, should attend at their local Immigration Registration Office and have the following documentation in their possession:
their own Passport,

their current Certificate of Registration (GNIB Card),

their child's Irish Passport,

their child's Birth Certificate and

documentary evidence of their address in the State.

Can I just follow the procedure laid down for the second option although I have full access to work.

Thanking you for your assistance.

[CalvinKlien]

Please proceed with option "2". I am not sure if your local Immigration officer will extend your visa based on Zambrano over the desk, but you can try and see what happens.

Alternatively he will ask u to apply in the department of Justice which can take between 3 to 9 months for approval. As you have a valid visa for another 6 months you better to apply ASAP, in case you are referred to department of Justice so you will not loose much time.