Serious Advise Needed; Need solution

[rocky1]

Hi Friends,

I am in a kind of typical situation where I thought of taking your suggestions.
please guide me in a right direction.

Here is my case.

I am a non EU citizen ( Asian ) came to Ireland as a student in 2004 and got married to EU member citizen ( polish ) back in 2006 august. As you guys know at that time all cases has moved to european court because Irish govt rejected visas. I think those cases are called METOCK cases if I am right. Finally I got Stamp 4 EU FAM card back in 2008 october and will be expired in 2013 october (i.e 5 yrs). I was told in 2008 that my residency will be legalised and counted back dated from 2006 august since the time of marriage.

Now as things didnt go well ( please dont ask reasons ).Me and my wife got seperated last year. She is living with some other person in Ireland only. I am living seperately here. I am currently exercising residency status and working full time tax paid job. What would be my situation after 2013 october when my card expires. I have not yet divorsed with her.

I am in a confusion of what to do now. More over my wife is not in contact with me anymore. How would I extend my residency after 2013. I was told that after finishing 5 yrs term one will be automatically entitled for permanent residency. How far is that true. If not what shall I do.

Is it advisable for me to consult a solicitor for his help ?

It will be great if some one with right knowledge help me out instead of giving predictions or possibilities.

thanks

[ostrich]

Contacting your sol should be the way forward on this. I suppose your fine after 3 years reckonable residence. There goes my 2 cent

[rocky1]

Contacting your sol should be the way forward on this. I suppose your fine after 3 years reckonable residence. There goes my 2 cent

Thank you my friend. I am thinking the same what you have advised. Please let me know if you get any more information similar to my case.

regards

[knapps]

The first thing you need to do is to inform INIS and do not defer it as it is vital to inform of your current status.

Then, you will be fine in future.

[IQU]

you have to write to eu section .also they need last 3 years proof of address ,joint bank statement,employment history letter from both of yours employer.when you separted why u separted,violence involved in marriage.any child etc etc.if you have all the proof your fine .let other people advice you also .ben guru,monife scrudu come on help him out.............

[rocky1]

Thank you guys.

But we dont have any common bank account. I am not in contact with her anymore either. I even dont know where she is living in Ireland.

All that I know is she is living in Ireland. We we used to have a common Utility bill that is still continuing on both of our names. will that be any help.

regards

[Monifé]

you have to write to eu section .also they need last 3 years proof of address ,joint bank statement,employment history letter from both of yours employer.when you separted why u separted,violence involved in marriage.any child etc etc.if you have all the proof your fine .let other people advice you also .ben guru,monife scrudu come on help him out.............

I think you hit the nail on the head their IQU.

You will need documents to prove your ex-wife was exercising treaty rights (working or studying with health insurance) for the 3 years previous to the year your relationship ended.

Evidence of exercising treaty rights of EU citizen:

P60 for all 3 years
P21 for all 3 years
Letter from employer
A number of payslips (9 would be good - 3 for each year employed)
Or other evidence to show she was employed

You will also need to prove your relationship lasted for at least 3 years.

Evidence would be:

Utility bills in both names OR Utility bills in your name and her name sent to same address
Bank statements in either name sent to same address
Joint bank account statement, if you have one
Letters from friends and family on both sides, don't know how well that would help but it might
Photo's with date stamps on them would be good
Other official correspondence sent to your home address in both names or in yours and hers to same address

You should also note in order to retain your residency in your own right, you cannot do so until your divorce is fully and finally processed. Once the divorce has gone through (if married here, that could take a few years) then you can apply for PR in your own right but you will need a fair few of the documents mentioned above.

I would consult and immigration solicitor if I were you.

[rocky1]

you have to write to eu section .also they need last 3 years proof of address ,joint bank statement,employment history letter from both of yours employer.when you separted why u separted,violence involved in marriage.any child etc etc.if you have all the proof your fine .let other people advice you also .ben guru,monife scrudu come on help him out.............

I think you hit the nail on the head their IQU.

You will need documents to prove your ex-wife was exercising treaty rights (working or studying with health insurance) for the 3 years previous to the year your relationship ended.

Evidence of exercising treaty rights of EU citizen:

P60 for all 3 years
P21 for all 3 years
Letter from employer
A number of payslips (9 would be good - 3 for each year employed)
Or other evidence to show she was employed

You will also need to prove your relationship lasted for at least 3 years.

Evidence would be:

Utility bills in both names OR Utility bills in your name and her name sent to same address
Bank statements in either name sent to same address
Joint bank account statement, if you have one
Letters from friends and family on both sides, don't know how well that would help but it might
Photo's with date stamps on them would be good
Other official correspondence sent to your home address in both names or in yours and hers to same address

You should also note in order to retain your residency in your own right, you cannot do so until your divorce is fully and finally processed. Once the divorce has gone through (if married here, that could take a few years) then you can apply for PR in your own right but you will need a fair few of the documents mentioned above.

I would consult and immigration solicitor if I were you.

Thank you very much monife. You are very helpful. I will try to get some of the documents mentioned above.

regards

[IQU]

make sure first you have all the above mention documents than you take next step .dont be in rush you will be nice..........any more suggestion ????????????????????????

[rocky1]

make sure first you have all the above mention documents than you take next step .dont be in rush you will be nice..........any more suggestion ????????????????????????

Hi IQU.

Thank you very much for your moral support that you have rendered so far.

I might not able to get all those documents mentioned above. I might be able to get her payslips and the utility bills of her but cant get any bank statements of her or p60 or p21 as she is not in contact with me anymore.

First I will make an appointment with solicitor and take his advice aswell.

Can you suggest if possible which solicitor would be best for dealing this kind of cases. any particular immigration solicitors. Can you please name them if you know any.

Regards

[IQU]

[redacted] or [redacted] both are in parliament street .

Admin: Sorry, against forum rules.

[Monifé]

If you are in Dublin, definitely recommend [redacted]. They are our solicitors, very good, extensive knowledge of EU treaty rights and good barristers. Have won a lot of cases against DOJ and are currently looking after our case. We are bringing Judicial Review against the Minister for Justice.

Edit: Included solicitor's name there but actually have a feeling it might go against forum rules, so I would suggest asking for the solicitor that deals with EU treaty rights.

Admin: You are correct, it's against forum rules. Sorry...

[rocky1]

If you are in Dublin, definitely recommend [redacted]. They are our solicitors, very good, extensive knowledge of EU treaty rights and good barristers. Have won a lot of cases against DOJ and are currently looking after our case. We are bringing Judicial Review against the Minister for Justice.

Edit: Included solicitor's name there but actually have a feeling it might go against forum rules, so I would suggest asking for the solicitor that deals with EU treaty rights.

Thanks monife. you are very helpful.

[rocky1]

[redacted] both are in parliament street .

Thank you IQU. you are very helpful

[Directive/2004/38/EC]

I am a non EU citizen ( Asian ) came to Ireland as a student in 2004 and got married to EU member citizen ( polish ) back in 2006 august. As you guys know at that time all cases has moved to european court because Irish govt rejected visas. I think those cases are called METOCK cases if I am right. Finally I got Stamp 4 EU FAM card back in 2008 october and will be expired in 2013 october (i.e 5 yrs). I was told in 2008 that my residency will be legalised and counted back dated from 2006 august since the time of marriage.

So long as you are not divorced, then PR comes 5 years after the date of your marriage. So that is 5 years after August 2006. So that is August 2011.

It does not matter the date the Residence Card (in Ireland it is called a 4EUFam) was issued.

[rocky1]

I am a non EU citizen ( Asian ) came to Ireland as a student in 2004 and got married to EU member citizen ( polish ) back in 2006 august. As you guys know at that time all cases has moved to european court because Irish govt rejected visas. I think those cases are called METOCK cases if I am right. Finally I got Stamp 4 EU FAM card back in 2008 october and will be expired in 2013 october (i.e 5 yrs). I was told in 2008 that my residency will be legalised and counted back dated from 2006 august since the time of marriage.

So long as you are not divorced, then PR comes 5 years after the date of your marriage. So that is 5 years after August 2006. So that is August 2011.

It does not matter the date the Residence Card (in Ireland it is called a 4EUFam) was issued.

Hi Guru,

I appreciate your help and for the information.

Many many thanks for one and all who supported me with positive feedback.

Will defo be in touch with you guys if I need any help.

Regards