Post
by AndrewJay24 » Sat May 23, 2020 6:22 am
Hikke,
You will need to inform the Spouse of Irish National Unit ("SINU") that you have separated from your Irish national spouse. Permission to Remain as the spouse of an Irish National is governed largely by the Non-EEA Family Reunification Policy Document, which provides that you must inform INIS as to changes in circumstances, including separation. In cases of separation (whether or not a final divorce has been issued), you can apply to retain your Stamp 4 on an independent basis if you can show that your joint-cohabitation/relationship lasted for a period of at least 3 years, with at least 2 of those years spent in Ireland.
However, the fact you did not tell INIS within a reasonable time (they often use 7 days as their measure) will be held against you unless you provide a reasonable explanation (Pleading ignorance will not be accepted).
In applying to keep your Stamp 4 on an independent basis using the retention provisions of the Policy Document, you will need to produce documentary evidence that you and your spouse resided together for the periods outlined above. You will be asked to provide additional evidence; marriage cert, evidence of health insurance, bank statements, employment records, tax records etc. The SINU apply the Policy quite strictly so keep in mind there is an appeal route if your application for retention is refused, but you must make the appeal within two months from the date of a refusal decision.
That is all I can add without further information or specifics as to your personal circumstances.
Good luck.
