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Renew Stamp4 eu fam after divorce

Forum to discuss all things Blarney | Ireland immigration

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zeke1015
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Posts: 9
Joined: Sat Jun 23, 2007 2:10 pm

Renew Stamp4 eu fam after divorce

Post by zeke1015 » Thu Jul 21, 2011 11:09 pm

Hello everyone ,I may need your advice on my situation.

I am a non eu national got married with a eu national in March 2007, holding stamp4 eu fam card for 5 years which valid till May 2012.
My wife and myself are going to get divirce in later this year as we have not been living together for 4 years by then. My wife as eu national has been living in Irealnd since she was 9 years old with her family,and was in employment from 2006 to 2009,but lost her job in later 2009,since then,starting to get social welfare till now. Myself is in full time employment all the time,and have my own limited company which providing few jobs to eu national workers.

My question is can I renew GNIB card when my current card expired after divirce.


many thanks

Muttsnuts
Member
Posts: 122
Joined: Sat Oct 02, 2010 12:58 am

Re: Renew Stamp4 eu fam after divorce

Post by Muttsnuts » Thu Jul 21, 2011 11:39 pm

zeke1015 wrote:Hello everyone ,I may need your advice on my situation.

I am a non eu national got married with a eu national in March 2007, holding stamp4 eu fam card for 5 years which valid till May 2012.
My wife and myself are going to get divirce in later this year as we have not been living together for 4 years by then. My wife as eu national has been living in Irealnd since she was 9 years old with her family,and was in employment from 2006 to 2009,but lost her job in later 2009,since then,starting to get social welfare till now. Myself is in full time employment all the time,and have my own limited company which providing few jobs to eu national workers.

My question is can I renew GNIB card when my current card expired after divirce.


many thanks
You'll need to regularise your status as soon as possible after the divorce. You can make an application under the Directive for permissiont ot remain in your own right but you're goign to have problems most likely. Your mariage broke down in 2007 at some point? I'm not suggesting that your marriage was not genuine, but the Department are going to look at it as a marriage of convenience. It appears from the above that you got married, applied for EU Residence and pretty soon after receiving 5 years permission to remain, you both separated and it appears that you did not inform the DoJ.

THat would set off major alarm bells with the Dept. If I were you, I'd think about getting a solicitor involved in trying to renew your status.

zeke1015
Newly Registered
Posts: 9
Joined: Sat Jun 23, 2007 2:10 pm

Re: Renew Stamp4 eu fam after divorce

Post by zeke1015 » Fri Jul 22, 2011 11:07 pm

Muttsnuts wrote:
zeke1015 wrote:Hello everyone ,I may need your advice on my situation.

I am a non eu national got married with a eu national in March 2007, holding stamp4 eu fam card for 5 years which valid till May 2012.
My wife and myself are going to get divirce in later this year as we have not been living together for 4 years by then. My wife as eu national has been living in Irealnd since she was 9 years old with her family,and was in employment from 2006 to 2009,but lost her job in later 2009,since then,starting to get social welfare till now. Myself is in full time employment all the time,and have my own limited company which providing few jobs to eu national workers.

My question is can I renew GNIB card when my current card expired after divirce.


many thanks
You'll need to regularise your status as soon as possible after the divorce. You can make an application under the Directive for permissiont ot remain in your own right but you're goign to have problems most likely. Your mariage broke down in 2007 at some point? I'm not suggesting that your marriage was not genuine, but the Department are going to look at it as a marriage of convenience. It appears from the above that you got married, applied for EU Residence and pretty soon after receiving 5 years permission to remain, you both separated and it appears that you did not inform the DoJ.

THat would set off major alarm bells with the Dept. If I were you, I'd think about getting a solicitor involved in trying to renew your status.
Thanks Muttsnuts for your reply

My stamp4 eu4 fam was based on long term partnership together with my wife more than 3 years rather than the marriage. I applied eu fam card in Sep 2006,and got it approved in May 2007. we just got married in March 2007.Hope this makes things more clear.

My wife and I met in 2002,and started to live together in 2003.

Any more advice?

thanks again

zeke1015
Newly Registered
Posts: 9
Joined: Sat Jun 23, 2007 2:10 pm

Post by zeke1015 » Mon Jul 25, 2011 1:29 pm

Would some one help with my question?

fatty patty
Senior Member
Posts: 518
Joined: Wed Feb 03, 2010 3:25 pm
Location: Irlanda

Post by fatty patty » Mon Jul 25, 2011 10:15 pm

I think you need to be legally divorced to invoke "retaining residency on your own right" rule. In Ireland divorce process is very long one has to be legally separated for few years and then divorce but I think legally separated may be considered as being divorced, not sure. You get much better answer if you speak to a solicitor he/she will provide you a proper detailed advise relating to your specific case. Google immigration solicitors there are many around, brophy, stapleton to name a few.

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Jul 26, 2011 2:34 pm

When did you stop living together?

I should note that it is good that you are working, but very important is that your wife is/was working... Why did she stop working?

zeke1015
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Posts: 9
Joined: Sat Jun 23, 2007 2:10 pm

Post by zeke1015 » Tue Jul 26, 2011 5:48 pm

Directive/2004/38/EC wrote:When did you stop living together?

I should note that it is good that you are working, but very important is that your wife is/was working... Why did she stop working?
Thanks for your reply first of all

we separated in Jan 2008.

She was working until Jan 2009,and lost her job cause redundancy,after that she was looking for job for a while and after few month she started to claim the Jobseekers Allowance, for the moment,. she is living on Jobseekers Allowance but still looking for jobs.

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