Stamp 4 EU FAM and separation/ divorce

[Shery9211]

Hi i want some information about 1 case i have stamp 4 eufam last more than 3 years n my wife she is gone back to her country n she is married with another person n she have a kid.she did nt tell me anything that what she want to do.
Now what i have to do can u please tell me something.

[Mal111]

in order to help please answer following

1) when did you got married month and year and where you guys got married?

2) when did your spouse left month and year?
3) where is your spouse orig from?
4) have you informed the INIS regarding your separation>?

[Shery9211]

1 my marriage month is june 2014 in dublin.
2 my wife left in 2014 she said i will come tomorow later blah blah i thought may b she is coming.
3 my wife is from uk.
4 i was waiting that she said i will come but no.
Finallh she said i m married in uk n i have a kid.

[Mal111]

well if she left in 2014 means she didn't exercise her ue treaty right in state.
marriage lasted 3 year rule applys that for those 3 years you have to be together and u were not.

uk and Ireland share immigration history

in simple word you don't have a right to this residence card
get a solicitor maybe they can help I don't see how though.

[finalversion_2k]

@shery9211: point 4 is most interesting, she told you she get married and hv kid, as Ireland and UK share information so my understanding is she already get divorced in order to get married again. Senior Member @Mal111 can explain better if I'm wrong.

I'm wondering did you traveled in last 3 years via dublin airport?? if so they didn't ask you anything??

[Mal111]

the issue here is
they didn't live together for atleast 3 years and this 1 fact can simply allow INIS to establish beyond doubt that the residence card the non eu have became invalid the day eu citizen left the state.

and in fairness and no office to shery it is true he is not entitled to this residence card.

[broli]

is june 2014 in dublin.
2 my wife left in 2014 this doesn look at all. not even 6 months.
they could question whether the marriage was even genuine , This is too short.

You have two problem to solve Prove that you respected the EU treaty rights + the quality of the marriage

Did you live together long enough before the marriage ?

i really wish you good

[Obie]

If your wife left the state and there was not a divorce before she left, then there is not right to retain.

You simply will not qualify.

[Mal111]

Obie what if the non eu have his permenant residance card ( Form EU3) and an year after the eu citizen left the state with out divorce ?

[Obie]

Then there is no restrictions.

[Shery9211]

I understand everything but i dont know what i have to do.i want to leave everything n go back.

[Ali0857]

Then there is no restrictions.

Sir I have jus a 1 question ..

What if person is in middle of his Citizenship process and his wife leave him and thn he gets his citizenship .. can he divorce is her country then ? Or still same rules apply as he was on stamp4eufam ? Can you please explain .. shall I make new post regardin this question?

Thank you so much ..

[Mal111]

once you became Irish citizen your outside the scope of immigration restrictions of any kind in Ireland.
you can divorce your spouse in another eu country given one of you are domiciled there and both parties are informed about the proceeding of divorce.

also note DOJ may find out via revenue and other departments about the divorce immediately after granting of citizenship and the fact that application was based on 5 year eufam visa they might suspect the marriage was only to gain entitlement and citizenship and can lodge an investigation against the applicant as you may know citizenship via naturalisation can be revoked if dept suspect its gained through fraud.
however I highly doubt it because it very difficult to prove and involve a panel to make a decision which has to be beyond any doubt.