Irish husband wants divorce - I'm Non-EU

[thestrangepilgrim]

I'm REALLY hoping someone can help me out with this!
I posted a similar message awhile back and I didn't really find any definite answers.

I'm a Canadian who married an Irish guy over a year ago. He moved out months ago and wants nothing to do with me. It turns out his cold feet came after the wedding...Things have gone very sour and despite my suggestions to go for counselling or at least try to sort things out he is determined to separate and - eventually - divorce. He is being 'so kind' as to 'let me stay in the country' by offering to pretend to be married so that I can stay. First off, I don't want to rely on him for something this important. It's a ridiculous thing to do because every year we would need to go back to the immigration office and pretend to be living together (provide letter from landlord etc.). I truly am NOt the type of person who can lie about anything, let alone something this serious. I want to know what my options are now that he has left the relationship. Nothing has been done formally (i.e. separation agreement) as I am scared to sign any more contracts.

I don't want to have to trick the system to stay here in Ireland; I would rather leave on my own if that is what GNIB is eventually going to ask me to do. I've made a life for myself here and am pretty heartbroken just over the fact that things havent worked out. Having to leave my home here would make things worse. I just want to know if there is any chance that I will be able to continue my life here or if I will have to leave.

If anyone has been in a similar position or has ANY advice whatsoever - even a contact of someone who could help, please let me know! This has been a huge burden for the past few months and I just want some answers.

Thanks

[Ben]

I can't give you any informed advice on this particular type of issue, but I'm very sorry to hear of your situation. Must be awful. Good on you for being strong and keeping your head though.

[thestrangepilgrim]

hey thanks for that. now if only DoJ would show some sympathy!

[Directive/2004/38/EC]

How old are you? Do you have the professional background to get a visa to stay in Ireland?

[thestrangepilgrim]

No. I'm 24 and since arriving I've done pretty casual work (temping, nanny-ing) to meet people. I don't really have the specified qualifications that would help me out (i.e. sponsorship). I'm working at NUI now but on a contract basis.

[thestrangepilgrim]

I just received a reply from the Immigrant Council of Ireland. It's a bit scary:

"Once you have been registered in the State as the spouse of an Irish national your residency in the State is valid as long as you are still married or in co-habitation with the Irish national , so at this stage the only thing is for you to write a letter to the Department of Justice , Equality and Law Reform and inform them of your situation the fact that you have separated and so on , in that letter you should mention for how long you have been married and that you tried to avail of counselling as well with no success , also if prior to getting married you have been together for x period mention that , if you have been working in the State , if you have children together and so on and basically seek for renewal of your status in the State on your own merit.

Note that when separation occurs ( when married to an Irish national ) due to the fact that there is not set out criteria as regards what happens to your status and how to renew that , the letter as stated above to renew your status on your merit , the decision from the Department of Justice on the matter is discretionary and should you have worked in the State from the time that you were registered with St 4 or have children that will be taken into consideration however the outcome of your residency renewal is not guaranteed.

You can either write yourself the letter to Justice on the matter and if you are open to correction we can amend that for you once the letter is done, or you could instruct a private immigration solicitor to represent you on the matter , or see if the Legal Aid Board is interested in taking your case on board."


I'm assuming this means I'm going to have to beg? I have no children, no permanent job at the moment, and no other family here. I dont think I stand a chance do I?

Jesus I'm confused...

[Ben]

I'm assuming this means I'm going to have to beg? I have no children, no permanent job at the moment, and no other family here. I dont think I stand a chance do I?

Jesus I'm confused...

It looks exactly like that, I'm sorry to say. You seem to be, unfortunately, in the hands of the discretion of the infamous DoJ.

Since you don't have children, in my opinion the strength of your case would be based on your employment. Since you currently have Stamp 4 and thus can do any job, I would advise (if possible), to get into full time, permanent employment, as opposed to your current contract employment with NUI.

[Directive/2004/38/EC]

Since you are young and Canadian, you should be aware that there are special 2 year visa programs in Germany and the UK for work experience for Canadians. There may be something similar in Ireland. You would likely have to apply from Canada though.

Also, do you have any parents or grandparents who were citizens of European countries?

[thestrangepilgrim]

SWAP is the name of the visa Canadians can get - it's a working holiday visa that is valid for one year and non-renewable. My first year in the country I was on this visa so I can't apply for it again.

The only ancestral link I have is my great-grandparents. Three of them were born here. But it's one generation too far back I think.

Thanks for the suggestions though.