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STAMP 4EUFAM expiring, partner left country

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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confused123345
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Posts: 4
Joined: Thu Feb 29, 2024 7:52 pm
Ireland

STAMP 4EUFAM expiring, partner left country

Post by confused123345 » Thu Feb 29, 2024 7:56 pm

Hi everyone.

I'm panicking, my EU4FAM expires in 7 weeks, my husband has left the country, we were together 3 years here, he left when I had cancer and since then I've been with an british man who lives here for around 2 years.

My husband has been served the divorce papers, and the divorce is ongoing - it will be smooth as we agree we don't want anything of each others.

I don't know what to do, I work, I want to continue working. Can I swap to a EUTR1 since my current partner is british? We have lived together for around 2 1/2 years.

I am so lost and worried :|

confused123345
Newly Registered
Posts: 4
Joined: Thu Feb 29, 2024 7:52 pm
Ireland

Re: STAMP 4EUFAM expiring, partner left country

Post by confused123345 » Thu Feb 29, 2024 8:03 pm

Just to add -

I wanted to apply for EUTR5 as I am here more than 5 years. but I don't fit into any category:

 Under Category A, you and the EEA national must have been living in the State for at least one year before the EEA national died

 Under Category B, you and the EEA national must have been living in the State at the date of death or departure of the EEA national from the State

 Under Category C, you and the EEA national must have been living in the State at the date legal proceedings began to end your marriage or civil partnership

The legal proceedings began shortly after he moved to a european country, he is in spain and sent the documents required for the divorce, which is submitted into court in dublin.

meself2
Moderator
Posts: 3430
Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: STAMP 4EUFAM expiring, partner left country

Post by meself2 » Thu Feb 29, 2024 8:09 pm

confused123345 wrote:
Thu Feb 29, 2024 7:56 pm
we were together 3 years here, he left when I had cancer and since then I've been with an british man who lives here for around 2 years.
Have you notified ISD once your partner left the country?
confused123345 wrote:
Thu Feb 29, 2024 7:56 pm
Can I swap to a EUTR1 since my current partner is british?
Highly doubt that since UK is no longer in the EU. Maybe Stamp 4.

Not sure what's the best way forward for you here. Other members will advise.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

confused123345
Newly Registered
Posts: 4
Joined: Thu Feb 29, 2024 7:52 pm
Ireland

Re: STAMP 4EUFAM expiring, partner left country

Post by confused123345 » Thu Feb 29, 2024 8:11 pm

meself2 wrote:
Thu Feb 29, 2024 8:09 pm
confused123345 wrote:
Thu Feb 29, 2024 7:56 pm
we were together 3 years here, he left when I had cancer and since then I've been with an british man who lives here for around 2 years.
Have you notified ISD once your partner left the country?
confused123345 wrote:
Thu Feb 29, 2024 7:56 pm
Can I swap to a EUTR1 since my current partner is british?
Highly doubt that since UK is no longer in the EU. Maybe Stamp 4.

Not sure what's the best way forward for you here. Other members will advise.
Yes I have emailed them ,but had no reply.

I am wondering if I would fall under:

De facto partner of an Irish or non-EEA national https://www.irishimmigration.ie/my-situ ... -national/

confused123345
Newly Registered
Posts: 4
Joined: Thu Feb 29, 2024 7:52 pm
Ireland

Re: STAMP 4EUFAM expiring, partner left country

Post by confused123345 » Thu Feb 29, 2024 8:13 pm

For more context - my husband left in january 2024, we already have the papers in the court, but he had to send them from spain.

sairsint
Member of Standing
Posts: 260
Joined: Wed May 31, 2023 3:58 pm
United States of America

Re: STAMP 4EUFAM expiring, partner left country

Post by sairsint » Thu Feb 29, 2024 11:47 pm

I would suggest immediately speaking to a solicitor that is competent in immigration as your case sounds a bit complex. You certainly do not want to go through the effort of completing and submitting the wrong application, only to wait and potentially receive a rejection letter and have to complete yet another application.

The ISD has been taking a few months to process these applications with no formal acknowledgment of receipt, so you would likely be panicking even more while you wait.

Further, the solicitor can mail the ISD a formal letter informing them of your situation and intentions to remain in state while you (re)apply for residency using the proper application.

iceice855
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Posts: 25
Joined: Wed Jan 20, 2021 9:33 pm
Ireland

Re: STAMP 4EUFAM expiring, partner left country

Post by iceice855 » Fri Mar 01, 2024 6:56 am

Hi, I don't think it's something you should worry too much about, you've already notified them of the changes in your relationship, you should apply to retain your rights first before applying for EUTR5. If none of these works you will still qualify under the chenchoolia rule anyway, which still gives you residence permit in the country. Also don't forget to apply for citizenship too. Please look for a Solicitor to help you with all of these applications.

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