Help me pls

[Nobel]

Hello,
I am the new member of this forum and I find it very helpful regarding immigration issues.
I am in a big problem now a days and I don't know about my future in ireland...
I am stamp 4 eufam card holder, married to polish girl in October 2015.two years of marriage was very good but slowly things changed and she said she doesn't want to live with me.she left me 2 months before and go back to Poland.

I was legally residing in the country when I got marry. I was on the work permit, paying tax every year.i got marry because I was living alone here and was doing good job.i need advice from the members of the forum, what options do I have in both cases, if she doesn't come back or Devorce me. Can I save me status on my previous visa record or everything is finish.thanks

[Mal111]

there was a court case where the applicant losses the case because the judge ruled in favour of the inis

it was establish if the eu citizen left the state prior to Divorce the right of non eu residence seize to exist.

I think you should seek professional help to resolve your situation


Also you suppose to inform the eu treaty right section that your spouse has left the state if they find out by themselves it will go against you

So my advice is to get a sound solicitor and through them inform inis and also seek alternative visa if it’s possible

[Nobel]

Thanks mall for reply. I don't understand what visa I can apply.i am scared that if I tell inis they may cancel my everything.can I go on work permit again?

[Mal111]

get a solicitor and notify them through ur solicitor make sure you get a good one who is well aware of eu treaty rights.

stamp 4 holders cannot charge their status to stamp 1 see inis website for change of status and you will find this info

I think you should talk to your spouse without her cooperation it would be very difficult.

[finalversion_2k]

Hey @Nobel i think we both are in same situation. that's extremely complicated and I don't think any solicitor will give you proper advice.. below are my case details..

Married in Mar 2014, thing stop working last year and we both decide to go for divorce. so before going for divorce i was wondering what else options I have. I work in IT, discussed this matter with my HR and ask him to apply for work permit. HR was fine to apply and discussed this with our corporate Legal Immigration advisers. First they said it's unusual, complicated, after they give 3 options to HR..

1. Get Divorce and apply retention EU5.

2. Divorce inform EU treaty, we will send latter to EU treaty mentioning instead of applying retention we are going to apply work permit so grant you month temp visa so in that time period we will recv your work permit for sure.

3. Get Divorce, inform the EU treaty, leave the country and we will apply for work permit (My company refuse this option, as they need me).

so eventually I need divorce in every scenario so it's in process and will recv decree of divorce hopefully next month..

I went to some other famous solicitor and pay 175.00 euros for half an hour meeting and she wasn't sure as well. so completely waste of money and time.

conclusion: from last 6 years I'm working in IT in 2 different companies.. my current firm is happy to support me for work permit, but I'm not sure can I apply or not. so nobody knows what we can or can't.. so now whatever we will do that will be Risk an Experiment.. keep in touch bro.

[Nobel]

Thank finalversion for reply.it means I am not alone in this situation,can I ask you a question about your case.....

1: how long you live together after marriage
2: your wife was working when she was in ireland?
3:when you applied for Devorce, you wife was in ireland or not
4:what options do you have after getting Devore.can you apply for independent visa.

[finalversion_2k]

1. 3.5 years.
2. Not all the time, she wasn't working continuously, she start working from last year Sep.
3. Yes, but we initiate divorce in Baltic state and you need address there aswell.
4. Retention is the only option so far, but as she wasn't working continuously that can make problem. so that's why I was exploring Work permit option.

[Nobel]

https://dbei.gov.ie/en/What-We-Do/Workp ... Nationals/.

Hi finalversion,bro this is a link that can be helpful about work permit. I hop you will get work permit.is this possible to contact with you. I think we can't share personal info on this form. Keep in touch. Thanks

[finalversion_2k]

Hi Nobel, thanks for the link I saw this link before i think its not what we are looking for and its not that easy how it looks. in Both of our cases we need to find the information about change of status and work permit..

check: https://dbei.gov.ie/en/What-We-Do/Workp ... FAQs-_.pdf

5.17.2 I am resident in the State as the holder of a Stamp 4/EUFAM Stamp 4 but my
circumstances have changed - can I apply for an employment permit?
It is the event that a non-EEA national’s circumstances change (e.g. marital breakdown) and they are successful in obtaining immigration permission from the Department of Justice and Equality to remain in the State in their own right (Stamp 1), they are free to submit an employment permit application.

I think above is the answer of our questions but problem is that answer is not clear , what they mean by bold text above? do they mean we should apply for retention and once it approved and then apply Work permit, that doesn't make sense?? OR should we apply some temporary visa 'Stamp 1' and then apply for work permit?? OR should we straight away apply for Work permit 'Stamp 1'?? not sure above but know one thing that's the answer..

[finalversion_2k]

I tried to send you IM but they stop me by doing.. I think reason is you are to new and so far your total posts are 4.. I think to send or recv IM you need to do at least 20 posts.. anyways..

[finalversion_2k]

Hi @Mal111: do you know when we get temporary visa what stamp they issue?? Stamp 1 OR Stamp 4??

[Nobel]

Hi finalversion, if we get the work permit we will go for work permit visa but in case they don't issue work permit what options we have
to stay in the country.can we apply eu5 or idependant visa then?

I don't know we will have to apply for new work permit or reactivate our old work permit.In reactivation of work permit, they clearly mention that you cannot reactivate your work permit if you change your stamp 1 to anonther stamp.

[finalversion_2k]

getting work permit is second thing first we need to know are we eligble to apply for work permit OR not.. According to INIS we can't move Stamp4 to Stamp1.. but according to DJEI we can but after getting permission from Dept of justice...

yes we can try EU5, there are some conditions which I'm assuming you already know..

[Mal111]

the temp stamp is stamp 4 (not stamp 1 or stamp4eufam)

[finalversion_2k]

Thanks @Mal111. its confusing. why Department of Justice issue Stamp 1? that's DJEI job they handle work permit and business visa's..

I'm just trying to understand below paragraph, what are your thought on this?

5.17.2 I am resident in the State as the holder of a Stamp 4/EUFAM Stamp 4 but my
circumstances have changed - can I apply for an employment permit?
It is the event that a non-EEA national’s circumstances change (e.g. marital breakdown) and they are successful in obtaining immigration permission from the Department of Justice and Equality to remain in the State in their own right (Stamp 1), they are free to submit an employment permit application.

[Mal111]

DJEI job is simply to asses if your eligible for a work permit nothing more.
the document your reading is not law.

now If you can read the answer it say ''they are successful in obtaining immigration permission from the Department of Justice and Equality to remain in the State in their own right (Stamp 1), ''

the only way you can obtain permission after marriage breakdown is via eu5 form retention the permission you are granted is stamp 4.

also why would you need to apply for work permit if you get stamp 1 doesn't work like that first you need to apply for work permit and then you get stamp 1.

this is only a guess but I think if you have a qualifying job and long residence in the state and you do not qualify for retention the justice dept may consider directing you toward applying a work permit to remain in state and I am just saying this because of this answer they have put in the DJEI document there might be cases when this route was taken having said that you can not challenge INIS with this document because it has no legal standing basically its all depend on the official dealing with your case.

[finalversion_2k]

That's what makes me confuse 'Permission from the Department of Justice and Equality to remain in the state in their own right (Stamp1)'

completely agree with you @Mal111 the only way is retention EU5 and Eu5 grant stamp 4... I'm just trying to understand what that Stamp 1 story is which they mentioned on DJEI??

Yes its qualifying job and company is also Trusted Partner which means DJEI has to take decision in 3 to 4 weeks time.. I wish your guess should be correct..

I can apply for EU5 but problem is as she wasn't working before so that can make problem that's my biggest concern.. she was medically insured and good amount of money in joint account all the time, can try to cover this.. but thing is if get negative response then will not be able to apply for work permit as legally My status is finish and job what I am doing from couple of years is void, Null.

what you suggest @Mal111?

[Mal111]

answer following

month and year of marriage
month and year of divorce if issued already or estimated date u think u will have
country divorce was issued or will be issue
where is the spouse now and if not in Ireland until what date she was here?

[petebig]

In my opinion, the paragraph from FAQ means that you can apply for work permit if there is change of circumstances (divorce etc). You shall be granted with stamp 1 if you qualify. I don't think it means you need EU5 permanent residence etc. I mean why would this FAQ even be there if they expect people to have retention of rights approved, because having done so they would not need work permit anyway.
Just my interpretation, which could be wrong!

[finalversion_2k]

little update with No updates.

Call to the number provided on FAQ document, he wasn't sure and pointed to change of status department unit2residencydivision.. then I noticed that's the same email address where I forwarded that query 2 months ago and they event bother to response..

[Nobel]

Hi finalversion_2k,

Any update regarding your divorce and work permit. While searching on this topic I read on a website that you can apply for work permit if your circumstances change and even if you are on temporary stamp.

[finalversion_2k]

Hi @Nobel,

did you check out my last message?? from which website you read? it's very difficult and unusual case. my divorce will be done this month so will see then.

[Nobel]

Hi finalversion , can you send me the IM please.now it's more than 20 posts. Thanks

[CR001]

Hi finalversion , can you send me the IM please.now it's more than 20 posts. Thanks

You don't have IM or PM privilege yet as you have only made 7 posts.

[finalversion_2k]

no @Nobel you have just 7.. see the number of posts above the flag.

@CR001: but can he receive the messages??