4EUFAM Stamp Issue, Any Advice Pls

[davide65]

I am non Eu holding 4EUFAM stamp based on marrying with EU National.I got my 4EUFAM Stamp in June 2007 which will expire in June 2012.As most people know that I have to submit EU3 from for PR.But the problem is
"My Wife was always working in Ireland till July 2010 Full time.Start of 2010 she started to have drinking problem & by time passing it went bad to worse.She left house couple of times for few weeks in 2010 but then came back & start to live with me.But drinking problem was always there.She got cough even for drinking driving twice & got 6 years driving ban.So relationship was getting bad to worse in 2010 & then she lost her job because of absence & drinking problem in july 2010.By that time she was bad alcoholic.I talk to my mother in law & we decided that she will take my wife back to her country for proper treatment because she was staying at home & will look after my wife properly.But my wife refused to go back.She left house in September 2010 & start to live with friends.Then 1 night I found out that she is in hospital after heavy drinking.So she started to get proper treatment in hospital after that.But she didnt want to talk to me & not even her mother.She was in Hospital for about 2,3 months and still living in Ireland.She dont talk to me but 1 of our friend told me that she is better now.She is getting Social now & depending on that social money, but we dont want to live together anymore after all this happened in last 1 and half year,even I tried my best to sort out things. My question is how can I get Visa next year ". ANY POSSIBILITY ??

[knapps]

I am sorry to hear you story. Drink leaves you no where but in a dark well.

Anyway, you have to go to local immigration office and tell them about this that you are separated.

Though, I would suggest to plead her, coax her, convince her to repatriate herself back to you.

If none works then

After 3 years of marriage, you can apply on your own merit rather than your EU wife merit.

Hope, this will help.

[davide65]

Thanks Knapps for giving this information.I tried my best with my mother in law even to forget the past & try to work out everything again.But the problem is my wife think that we are her enemies for some reason & she even don't answer our calls anymore.
Any idea "If I will go to local immigration office by myself, Will they ask me any documents & questions.I dont want to go to Immigration without any documents if they want to see.Thats why I am asking this question.Its better to have all documents with me when I will go there."Do you know anything about that Knapps??
OR ANYONE ELSE WHO MAYBE HAVE PERSONAL EXPERIENCE OR INFORMATION??

[zuzihassi]

Thanks Knapps for giving this information.I tried my best with my mother in law even to forget the past & try to work out everything again.But the problem is my wife think that we are her enemies for some reason & she even don't answer our calls anymore.
Any idea "If I will go to local immigration office by myself, Will they ask me any documents & questions.I dont want to go to Immigration without any documents if they want to see.Thats why I am asking this question.Its better to have all documents with me when I will go there."Do you know anything about that Knapps??
OR ANYONE ELSE WHO MAYBE HAVE PERSONAL EXPERIENCE OR INFORMATION??

I think there is no reason to worry cuz your marriage was longer than 3 years and you can ask for your own for living to remain. Just have to proove that your marriage was normal (you will need some pictures, letters from friends) and if you are working, means you are not depends on social money, it shouldnt be a prob. there to get stamp 4 even after divorce with her. We have the same prob. with my boyfriend. His wife left him but few months left to complete 3 years. Dont know whats gonna happens then. Anyway good luck

[Directive/2004/38/EC]

I am not clear that the advice to "report to your local immigration office" is either the most effective thing to do, or is required. To what end exactly?

[ImmigrationLawyer]

No I agree, don't do that they are likely to immediately recoke your stamp. This area is confusing and a bit up in the air legally, but you should retain your residency status/ permission if your wife is still in the State and exercising her EU treaty rights. You will need to be able to prove this. You should apply in writing to the EU treaty section (not sure what would be best, on form eu1 or 3?) in December, to give them 6 months to decide.

[davide65]

Thats the problem Guys.I am very confused here.Should I Inform Department of Justice or be quite & wait till December??
I don't know exactly what to do.Maybe I get some advice from some immigration lawyer?

[Muttsnuts]

Thats the problem Guys.I am very confused here.Should I Inform Department of Justice or be quite & wait till December??
I don't know exactly what to do.Maybe I get some advice from some immigration lawyer?

I would suggest that you leave it. If you can wait until you have 5 years EU FAM Stamp in June 2012, then you can apply for Permanent Residence. The only thing I would suggest is to make sure that you can show that your wife has been here for 5 years exercising her EU Treaty RIghts. It would seem that she has been unemployed and in care etc so in order to get over that issue, I might suggest relying on Article 13 2) c) of the 2004/38 directive.

This is quite a messy situation though, so I'd suggest getting a solicitor to make the application.

[Obie]

I believe the starting point for the OP, is to seek a divorce or a seperation order (as it is understood that divorce in Ireland takes time to conclude), once OP has achieved this, then the question of whether or not he retains his rights of residence will come in. To qualify for retention of residence, marriage should have lasted 3 years including at least one of those years spent in Ireland. It may be necessary for the EEA NATIONAL, to be a qualified person (shortly) before the divorce or legal seperation is finalise.
If your wife retains her status as work then you will be fine, as the alcohol problem may be classified as temporary unable to work due to illness after at least a year in employment, then you will be able to secure permanent residency.
I agree that this matter seems complex, and you may need to consult a legal expert