Eu3 advice

[user565]

Hi All
This is my first post hoping someone can advice on my situation.
My current visa 4eufam is expiring in January and we are saperated from october last year and going ahead for divorce.
After consulting with a solicitor i have applied an EU3 through them and today i have received and acknowledgement letter from the minister which also says that the documents are retained on file and a decision will be taken soon.
The letter also states that the minister may seek further documents of the EU citizens last 5 years work history Regulation 6(3).
I have supplied most of the documents but not all and i do not have all the documents as we are saperated and i do not have access to my wife's papers.
The letter does not include any further residency permission.
The EU citizen is still resident in the state and she has a baby from a different life partner(hence seeking divorce), she is also employed but currently on maternity leave.
I know that every case is different in its nature but,
What are the chances that i can get a permanent residency card?
Also can i not apply for naturalisation as it is due now ??


Please advice
Thankyou

[Granista]

If she has a baby with a different partner, you must have separated quite some time ago? How long was the gap between you separating and you informing INIS of same/applying for EU3? Sounds like a big gap...if so, your chances of either PR or naturalisation are small.

[user565]

We were separated in October last year.
I applied for EU3 this year in September.
I discovered about her pregnancy during lockdown when she contacted me about divorce.
Breakdown in relationship happened in October 2019 whereas we married in may 2015.

[Sunflower35]

As far as I know, EU3 application for permanent residence card is the continuation of EU treaty rights providing you are still together and your EU partner is Still excersing their eu treaty rights in the state.

You said you are separated so I think you should have applied for retention of rights rather then permanent residence card.

I am not a solicitor so I could be wrong but I think you should consult a different solicitor.

[user565]

thankyou for your reply.

to apply for an EU5, a decree of divorce is required.
we are not divorced yet, just in the process of starting a divorce.

At the moment both of us are living in Ireland and both are employed hence the EU3.

if an Eu3 application is a continuation than does that mean i am not eligible for further residence?
not sure how it works.

[littlerr]

You seem to be in a seriously bad situation. Your solicitor clearly just wants to get quick money and doesn't care about the law or you.

Although the retention right to reside is only retained on the termination of the marriage, the application of retention rights should be initiated when the marriage starts to break down, not when you get your divorce certificate.

When you applied for your permanent residency, you have to declare that your EU spouse is still exercising EU Treaty rights and you are still living with him/her, which apparently isn't the case here. Your EU spouse also needs to sign their name on the form and declare that they would inform INIS in case of any material change.

Has your spouse signed the application?

Even if your application is approved somehow, they are still subject to being revoked if INIS finds out that you did not inform them of the decision to dissolve your marriage and you did not apply for EU5.

[griffith]

Yes the EU3 form is signed by both of us.
She has provided most of the documents requested in the form EU3.
Department has been informed of saperation.
I have received an acknowledgement from them.

I cannot apply for an EU5 unless i have a decree of divorce.
Its only EU3 and theres no other application form for saperated couples.

To what i understand that the solicitor may classify this relationship as a Broken relationship.
I really do not understand how this works ???
If an Eu3 form is only for married couples who are still together and an EU5 is only for divorced couples than what happens in this case ???

[Granista]

So for nearly a year you were residing on a stamp you were no longer entitled to, without informing INIS that you were not living with your EU spouse?

Sorry but you're not getting permanent residency or naturalisation.