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Permanent residence and naturalisation are two different things.Dimy77 wrote: If the person already has a permanent residence card they can't take this away anymore, but you can only apply for permanent residence (naturalisation) after you've resided legally in Ireland for a minimum period of 5 years.
you have status independent of the fact of your marriage? i.e you are the holder of a work permit and have done so for more than 5 years (60 months)? then you should be ok for ltr. it is better to have your status independent of the fact of marriage in case one is unfortunate to experience marriage break downsovtek wrote:I'm actually in this situation. I haven't talked to an immigration solicitor about it so I don't know the law either. I'm on a work permit after being here for seven years. My German national wife and I seperated two years ago. I have applied for LTR but still have to keep current work permits until I get that (if I ever do that is).
I remember reading a few years back that if you are married for two years then you can stay in the country but that is all i remember. Haven't heard anything like that recently.
Even in reference to the LTR the Immigrant Council told me a year or so ago that it's only granted to people that have been on consecutive work permits and not eu spouses. Don't know how accurate that it though.
I applied in April 2007 for LTR. One year of the past 7 1/2 years I had a EU spouse stamp and one year was out of the country. Other than that had work permits. A couple of complications for myself are that I've been fired recently from my job although have serveral months left on my permit. I also might need to claim the dole if I don't get another job soon...which not having residency will make more difficult as I know some companies don't want to talk to you if you aren't EU national.walrusgumble wrote:you have status independent of the fact of your marriage? i.e you are the holder of a work permit and have done so for more than 5 years (60 months)? then you should be ok for ltr. it is better to have your status independent of the fact of marriage in case one is unfortunate to experience marriage break downsovtek wrote:I'm actually in this situation. I haven't talked to an immigration solicitor about it so I don't know the law either. I'm on a work permit after being here for seven years. My German national wife and I seperated two years ago. I have applied for LTR but still have to keep current work permits until I get that (if I ever do that is).
I remember reading a few years back that if you are married for two years then you can stay in the country but that is all i remember. Haven't heard anything like that recently.
Even in reference to the LTR the Immigrant Council told me a year or so ago that it's only granted to people that have been on consecutive work permits and not eu spouses. Don't know how accurate that it though.
however, in your case, you should rely on the fact that you have work permits and continue to do so. the length of reconkable residency should be 5 years residency AT TIME of making application. one should not mention fact of break down of marriage unless asked. but if some one is in a position similar to yours yo should be ok. just keep getting the permits and hold tight.
how long are you waiting for the ltr application to be processed. dept are only now processing applications received in mid 2006.
I don't think this is correct. The divorce is being handled in SA and the terms are under SA law. All the Irish government is concerned about is tax credits.scrudu wrote:It doesn't matter what country you married in, it only matters what country you divorce in. So if you married in S.A. and wish to divorce in Ireland, you will have to wait the 5 years for the divorce to come through. You will be handled under Irish Law, not S.A. law.
The same is true for the opposite case. If you married in Ireland, and divorce in the U.K. for example, you will be treated under U.K. law which I believe grants divorce within months.
She is in SA and I am signing a paper giving a law firm power of attorney to represent me in a divorce in SA. It is being filed in SA by her attorney.scrudu wrote:I'm not sure what you are talking about. My point is that the law under which your Divorce is examined/handled depends on wherever you file your divorce papers. So if you file your divorce in S.A, it will be handled under S.A. Law, even if you were married in Ireland. Similarly, is you marry in S.A. and seek a divorce in Ireland, as per Irish law, you will have to wait the 5 year period for your divorce to come through.
So If a couple who married in Ireland now live in Australia, they would not be expected to return to Ireland to divorce under Irish law. The would go through a much quicker divorce process in Australia, and then have to present papers showing the divorce was absolute to the officials in Ireland (if they wished to live there later).
yes that is true. but, if one is relying on staying here on the basis of marriage, they must prove (if asked) that the marriage is continuing. meaning lets say applicant accidently said they were seperated (they maybe married legally until a formal seperation procedure and then divorce) or if the dept found out that one was not leaving with spouse as a married couple then application can be refused. department policyscrudu wrote:Considering that a Divorce in Ireland takes 5 years to get, I'm sure you'd have LTR by this stage (or could have at least applied).
I am not currently living based upon my marriage. I have the third work permit after coming back from one years stay in SA. The first work permit was for an EU spouse that is not living in Ireland but the stamp is the same as a normal work permit so I'm not sure that INIS even knows this exists...even people at entemp do not seem to be aware of it now that is no longer offered. I got that renewed once. Then the last permit I was told to apply as a work permit renewal. So not sure if the last two years will count against me or not.walrusgumble wrote:yes that is true. but, if one is relying on staying here on the basis of marriage, they must prove (if asked) that the marriage is continuing. meaning lets say applicant accidently said they were seperated (they maybe married legally until a formal seperation procedure and then divorce) or if the dept found out that one was not leaving with spouse as a married couple then application can be refused. department policyscrudu wrote:Considering that a Divorce in Ireland takes 5 years to get, I'm sure you'd have LTR by this stage (or could have at least applied).
same goes for relying on parentage of children. however, even if seperated or divorced from wife/partner, they still might be allowed to stay if they can prove that they are still part of children's life eg have access to see children or have custody and or are guardians. letter from mother would help or just go to family law courts
I find it hard to believe that the DOJ would kick someone out of the country - seeing as they could have been here for a long time before the marriage ended.