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Marriage with EU for 3 years but one year she is gone

Forum to discuss all things Blarney | Ireland immigration

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zuzihassi
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Posts: 14
Joined: Tue May 17, 2011 3:00 pm

Marriage with EU for 3 years but one year she is gone

Post by zuzihassi » Mon Oct 10, 2011 12:20 pm

Hello everybody. I would like to ask u if u anybody have some experience with the same issue as i do. I m married with my EU wife 3 years. But after 2 years she moved home. Im in Ireland since 2004, came here as a student. Im working full time, paying taxes, havent no problems at all. My lawyer helped me to write a letter to immigration and im applying for 10 years visa in Ireland. My questin is, how long its gonna take to get an answer, plus do u have some chance to get those visa? Or anybody here who was facing the same problem in the past?Im pretty scared whats gonna happen. Thx a lot.
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IQU
Diamond Member
Posts: 1020
Joined: Mon May 10, 2010 10:34 pm
Location: ireland

Post by IQU » Tue Oct 11, 2011 1:26 pm

your lawyer is applying for permanent residence card.it will only issue if you fullfill the cetaria.www.inis.gov.ie eu treaty section form 3 requirement list attach..good luck
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knapps
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Posts: 436
Joined: Sat Jul 05, 2008 8:57 am
Location: cork

Post by knapps » Fri Oct 14, 2011 1:41 pm

As far as I know you have to stay together for at least 3 years before you are entitled for PR. Hope lawyer is aware of it. Good Luck!
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agniukas
Senior Member
Posts: 665
Joined: Fri Oct 31, 2008 7:19 pm

Post by agniukas » Fri Oct 14, 2011 9:01 pm

i am assuming that you are applying for EU3 at the moment. Applications usually take 6 months to process. The decision will depend if you can prove that you were married for more than 3 years and living together in ireland as a family. you may be penalised for not informing EU treaty rights section about your separation and your wife's leaving the country though as soon as it happened.
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IQU
Diamond Member
Posts: 1020
Joined: Mon May 10, 2010 10:34 pm
Location: ireland

Post by IQU » Fri Oct 14, 2011 10:11 pm

if you dont mind can you please tell us which lawyer did you hire ?
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anusuri
Newly Registered
Posts: 23
Joined: Sun Feb 15, 2009 11:21 pm

Post by anusuri » Sat Oct 15, 2011 10:21 am

You never mentioned in which year you got married and on what visa you are staying currently in Ireland i.e stamp4 eu fam. And when did your wife seperated with you. These are very important. Did you finished 5 yrs stay in Ireland after you getting married.
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IrishTom
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Posts: 309
Joined: Sat Sep 19, 2009 7:00 pm
Location: We are where we are

Post by IrishTom » Sat Oct 15, 2011 4:30 pm

Marriage of convenience, yeah? :x
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knapps
Member of Standing
Posts: 436
Joined: Sat Jul 05, 2008 8:57 am
Location: cork

Post by knapps » Sat Oct 15, 2011 7:33 pm

what is more annoying that person asks a question and then take a flight to Tokyo:-)
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zuzihassi
Newly Registered
Posts: 14
Joined: Tue May 17, 2011 3:00 pm

Post by zuzihassi » Sat Oct 22, 2011 11:51 pm

It was proper marriage, we were first living together 2 years in Ireland, then we got married and another 2 years living together. Then she left me but we still marriage. This will be the only one problem that we lived together only 2 years and she left me and i didnt inform immigration. But u know in this kind of situation u still keep some hope that she will change her mind and u dont want to start any proces. im in ireland from 2004 but that time on student visa after marriage i got stamp 4 eu fam. Thx for your all comments.
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Muttsnuts
Member
Posts: 122
Joined: Sat Oct 02, 2010 12:58 am

Post by Muttsnuts » Sun Oct 23, 2011 11:51 am

zuzihassi wrote:It was proper marriage, we were first living together 2 years in Ireland, then we got married and another 2 years living together. Then she left me but we still marriage. This will be the only one problem that we lived together only 2 years and she left me and i didnt inform immigration. But u know in this kind of situation u still keep some hope that she will change her mind and u dont want to start any proces. im in ireland from 2004 but that time on student visa after marriage i got stamp 4 eu fam. Thx for your all comments.
If she has left Ireland, you cannot rely on her exercising her EU Treaty rights to remain in the State.

If the marriage is not terminated, you cannot rely on any EU law provision to remain in the State if she is not living in Ireland (unless you have children in school here(Article 12(3)), or indeed if you fall under Zambrano)

If the marriage is terminated, it must have lasted at least 3 years with one of those 3 years including living in the host Member State, i.e. Ireland (article 13 (2)).

I would suggest looking at alternative routes to stay in Ireland and to do so, I would strongly suggest that you avail of the services of a solicitor who deals in immigration matters.
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