Stamp 4 renewal through spouse

[throwaway123456790]

Hi everyone,

I am an Irish citizen that was married to a non national via civil union a few years ago.

Before COVID we separated non officially. I left the country traveling and they stayed behind working on the stamp 4 they had aquired from our marriage.

I am currently back in Ireland but have not been for the past year(I am currently not a tax resident in the country and haven't been for the last year) and they have asked me to attend their stamp 4 renewal process this weekend due to them currently not having a valid stamp to be in the country. They opted not to pursue the work related stamp renewal.

We are planning on persuing our divorce this year when the courts open, we had tried last year before I left the country but our case was thrown out due to incorrect paperwork.

My question is;

Is it okay for me to attend this appointment with them even though we intend to divorce? We don't share an address or a joint account and the only paperwork I can provide from my end is mortgage statements from a house I own on the country. I am unsure what to do in this situation as I was under the impression the renewal process wasn't affected by the fact we planned to separate and would be processed with a divorce and could really use some advice thank you.

[meself2]

Did you notify ISD about your situation?
https://www.irishimmigration.ie/my-situ ... al-scheme/

If you are no longer residing together, you must notify your local Immigration office within 7 days. You do not require a legal separation. Within two calendar months after your separation, you will need to inform in writing Immigration Service Delivery.

Please include a copy of your national passport containing your registration stamp and Certificate of Registration. Details should be provided to the address below.

Once you are no longer residing together, your marriage/civil partnership is considered to have dissolved (marriage/civil partnership is no longer subsisting), for the purpose of this permission. The Immigration Service Delivery will consider your application and make a decision if you qualify for a permission in your own right.

[throwaway123456790]

As far as I know they did not, and neither did I as I was unaware it was something we were required to do.

[meself2]

Well then, you should - it's your mutual responsibility. At least send this now.

You can attend, but you will probably be asked questions about living together/etc.

[throwaway123456790]

Thank you very much for the response. When asked about living together, my understanding is that I would need to answer truthfully which is we have not been living together and I am not a resident in the state, and I assume that would have the visa rejected?

[meself2]

Thank you very much for the response. When asked about living together, my understanding is that I would need to answer truthfully which is we have not been living together and I am not a resident in the state, and I assume that would have the visa rejected?

Yes to first one; most likely to the second one.
You were supposed to make them aware about what happened ages ago. I would encourage you to talk through with your spouse about getting an independent permission - it might be grand now, but who knows what'll happen then.

[throwaway123456790]

Thank you very much, I am going to reach out and inform ISD and suggest to my spouse we cancel this appointment to persue independent permission.

May I ask our of curiosity, what are the ramifications of attending the appointment and either being untruthful or omitting information for both parties? I am trying to convince them of the gravity of the situation and can't find that information.

[Angel99]

I am not encouraging you to do the wrong thing but it will depend on what your spouse will loose before informing the ISD and if it's your free will to help him. People get away with it keeping it a secret and attending the appointment for renewal.

The ISD may not know your situation and whether you even left the country, they could find out during your husband's Naturalisation process if he is going to apply after his renewal without retention of status.

If he renews his stamp 4, you have to wait for 1 year or more then file for divorce. With this he can apply for retention and keep his status.

This is just an advise incase it's your free will to help your partner for your own reasons.