how to apply for permanent residence on this case

[IQU]

hi i am non eu living in ireland from last 9 year legally.i come to ireland on student visa in 2001.2005 i got marriage to eu national i got 1 years stamp4 .2006 i got i year stamp 2007 also i got 1 years stamp during this period we apply for my permanent residence card i got approval till 2012.but my wife had affair with some one else so after 3 and half years marriage she left me alone in ireland.than i met someone new we have baby together .we are living together from almost 2 years.my visa is up in 2012.i went to solicitors to apply for my citizenship.they told me doj taking 2-3 years to process citizenship application.also they told me i have to inform gnib and eu teaty right for my separation and new partner .i have to apply for new residence card.maybe i have leave the states.please help me people. After spending 9 years in ireland i have to leave my new partner and baby behind in ireland.or there is any another solutions.if we both want to move to uk what document we need because i have my cousin living in uk.please help i dont want living apart from my baby and new partner.i think i lost every thing .please reply ????????????????

[ca.funke]

Hi IQU,

you did not give important information which is necessary to be able to help.

• What nationality are you?
• What nationality was your first partner?
• What nationality is your new partner?
• What nationality is your baby?
• When did you get married to your first partner?
• Did you get effectively divorced?
• What´s the relation to your new partner? Married?

Also, it may be a good idea to change the topic title to someting that entices people to read your thread. "I lost everything" doesn´t sound like "can I stay after divorce?"... or similar.

Good luck!

[an_dochasach]

hi i am non eu living in ireland from last 9 year legally...

...After spending 9 years in ireland i have to leave my new partner and baby behind in ireland.or there is any another solutions

...please help i dont want living apart from my baby and new partner.i think i lost every thing .please reply ????????????????

If I were to make one generalization about the Irish I would say that they are compassionate and if citizens knew this was how the Irish immigration bureaucracy treated some families, they wouldn't tolerate it. Sadly most citizens have no idea how immigrants are treated in their homeland. If I had a penny for everyone who said "don't you get automatic citizenship after 5 years?" or "Sure, asylum seekers all get a free car." I'd be a millionaire.

Try not to panic and remember that the GNIB and other immigration bureaucracies are purposely unfair and insane in order to weed out those without the proper combination of patience and strong will. Politicians enjoy using immigrants as scapegoats to direct the voter's attention away from problems caused by bad policy decisions.

Don't give up hope. Try to apply for stamp 5, permission to remain without condition as to time endorsements (WCATT):

http://www.inis.gov.ie/en/INIS/Pages/Wi ... dorsements

Meanwhile, apply for citizenship and look forward to the day when you can vote or run for office and bring some transparency to a haphazard, counterproductive and EXPENSIVE immigration bureucracy. Good luck.

[IQU]

i am non eu.my ex wife was from eu.my new partner is from eu .i am not divorced yet even not a legal separated.my son have eu passport.i have relationship with my new parnter from last 2 years.we are living together.please help me

[9jeirean]

i am non eu.my ex wife was from eu.my new partner is from eu .i am not divorced yet even not a legal separated.my son have eu passport.i have relationship with my new parnter from last 2 years.we are living together.please help me

Have you applied yet for the naturalization in any case? If you haven't I'll say go ahead and apply. There have been a few applications that have been processed within the 24 months (very few it has to be said, safe for refuges).

[daddy]

You said that you applied for permanent resident and got approved till 2012, that means that means that you have permanent resident card, in that case you do not need to panic, once you have you permanent residence, you can maintain your status on your own without your eu wife.
You need to apply for a new permanent residence card 6 months before expiration of your old card, this is renewed AUTHOMATICALY. You also need to notify doj of your seperation.

Note, permanent resident card is valid for 10 years. I dont understand something here, [b]do you have permanent residence or you have stamp4EUfam valid till 2012,[/b] please make this clear ffor you to get a better help from this forum.[/b]

[IQU]

hi i dont have permanent residence card.i have only residence card for 5 years.

[ca.funke]

i am non eu.my ex wife was from eu.my new partner is from eu .i am not divorced yet even not a legal separated.my son have eu passport.i have relationship with my new parnter from last 2 years.we are living together.please help me

Hi IQU,

I don´t know if this was designed as a reply to my questions?

We knew already from your first post that your respective partners were "EU". If you don´t want to reveal their nationalities I´ll ask differently: The questions that changes everything is: Were they Irish?

Regards, Christian

[IQU]

no they are not irish.one from german another from spain

[IQU]

Any reply please ??????????????????????

[daddy]

If you are working and have had your residence card for 3 years, you can retain your papers in the case of Divorce, separation or death of your partner or wife, but you have to notify the Doj of that. Dont panic it is not your fault, as you said that your wife left you.

You may read more about this from the eu directives, take your time and read it, you will get all the information you need.

[IQU]

So what yours suggestion for me .what should i do.i go to gnib with my new partner. and baby inform them.how sure you think they not going to cancelled my residence card ? any reply please ??????????????????

[ca.funke]

As your wife was non-Irish you fall under 2004/38/EC.

According to that law you get a right of your own to stay after 3 years.

I recommend getting familiar with >>2004/38/EC<<, especially Article 13. (highlighting by me, and in this matter I´m not very experienced, so get more input!)

Article 13
Retention of the right of residence by family members in
the event of divorce, annulment of marriage or termina-
tion of registered partnership

1. Without prejudice to the second subparagraph, divorce,
annulment of the Union citizen's marriage or termination of
his/her registered partnership, as referred to in point 2(b) of
Article 2 shall not affect the right of residence of his/her family
members who are nationals of a Member State.
Before acquiring the right of permanent residence, the persons
concerned must meet the conditions laid down in points (a),
(b), (c) or (d) of Article 7(1).

2. Without prejudice to the second subparagraph, divorce,
annulment of marriage or termination of the registered partnership
referred to in point 2(b) of Article 2 shall not entail loss of
the right of residence of a Union citizen's family members who
are not nationals of a Member State where:
(a) prior to initiation of the divorce or annulment proceedings
or termination of the registered partnership referred to in
point 2(b) of Article 2, the marriage or registered partner-
ship has lasted at least three years, including one year in
the host Member State; or
(b) by agreement between the spouses or the partners referred
to in point 2(b) of Article 2 or by court order, the spouse
or partner who is not a national of a Member State has
custody of the Union citizen's children; or
(c) this is warranted by particularly difficult circumstances,
such as having been a victim of domestic violence while
the marriage or registered partnership was subsisting; or
(d) by agreement between the spouses or partners referred to
in point 2(b) of Article 2 or by court order, the spouse or
partner who is not a national of a Member State has the
right of access to a minor child, provided that the court has
ruled that such access must be in the host Member State,
and for as long as is required.
Before acquiring the right of permanent residence, the right of
residence of the persons concerned shall remain subject to the
requirement that they are able to show that they are workers
or self-employed persons or that they have sufficient resources
for themselves and their family members not to become a
burden on the social assistance system of the host Member
State during their period of residence and have comprehensive
sickness insurance cover in the host Member State, or that they
are members of the family, already constituted in the host
Member State, of a person satisfying these requirements. 'Suffi-
cient resources' shall be as defined in Article 8(4).
Such family members shall retain their right of residence exclu-
sively on personal basis.

Not sure if I´m highlighting the really relevant parts here, just did this on the fly. Please do get more information/confirmation from other sources and/or board members.

[IQU]

Any reply please ?

[IQU]

i think its look like people dont have any sympathy in my case.any reply

[koded]

i think its look like people dont have any sympathy in my case.any reply

If you actually read all the contribution that some people have made on your case, you will surely pick one or more things from them.
Somebody said you should go ahead and make application for Permanent residence provided you have been with your first wife for 3 years.
Somebody else quote the law which is applicable to your case.
So, I think your questions has been answered. It all depends on you, on what decision you wish to make on your case.
You have residence card uptil 2012 and so you have enough time to plan what to do next.
Goodluck!

[IQU]

is anyone know eu directive are changes.i check with one of solictors they told me i cant stay anylonger in roi.because my marriages end up within 3 and half years time.they told me they cannt help any longer .because my ex wife left the roi.they told me i have to leave the roi.

[Monifé]

is anyone know eu directive are changes.i check with one of solictors they told me i cant stay anylonger in roi.because my marriages end up within 3 and half years time.they told me they cannt help any longer .because my ex wife left the roi.they told me i have to leave the roi.

IQU are you living in Dublin? Go and have a consultation with Brophy solicitors. You are allowed to remain in Ireland in your own right, so far as your marriage lasted 3 years or more. You are also allowed to remain in Ireland on the basis of your new partner, if she is working, self-employed or a student with sufficient resources and health insurance.

Notify the EU Treaty Rights section immediately of your seperation of your last wife. Delaying it further could cause serious problems for you down the line. Inform that you were married for more than 3 years and that you are living in conformity with the Directive 2004/38/EC in your own right now, exercising your own treaty rights by working. Inform them that you also now have a new EU partner, and you have an Irish Citizen child. Also tell them that you will be applying for your permanent residence card in 2012 on the basis of you exercising your own treaty rights.

You can also apply for citizenship in 2012, provided you have not been convicted of any criminal offense and also that you have not received any dole/rent allowance etc in the 3 years before you apply.

Good luck!

[IQU]

i will make my appoitment with brophy solicitors and let you know if any update .thanks for every body reply .stillwaiting for master ben guru reply ?

[IQU]

any more reply ??????? regading this case??